Short answer: If someone withdraws money from a deceased parent’s bank account or charges a credit card after the parent’s death, those funds are generally part of the decedent’s estate. Under Virginia law the personal representative (executor or administrator) can demand return, sue in civil court for conversion or unjust enrichment, and refer the matter to criminal authorities if appropriate. Whether recovery is straightforward depends on how the account was titled, whether the bank treated the funds as payable-on-death (POD) or joint property, and how quickly the estate acts.

How Virginia law treats post-death withdrawals and charges

Accounts and cards fall into a few common categories. The legal outcome depends on which category applies:

• Account titled solely in the decedent’s name — Money in that account becomes part of the probate estate. No heir has a legal right to withdraw estate funds unless they are the personal representative or have court authorization. An unauthorized withdrawal is a wrongful act and the estate can seek recovery.
• Joint account with right of survivorship — The surviving joint owner commonly takes the funds automatically. That transfer is usually valid and not estate property for probate.
• POD/TOD (payable-on-death/transfer-on-death) designation — Funds pass directly to the named beneficiary and are generally not estate property, even though they were in the decedent’s account before death.
• Credit card accounts — Creditors generally must be notified of death. Charges made after death are usually unauthorized. The card issuer may reverse fraudulent charges; the estate or personal representative can demand reimbursement from the person who used the card.

Virginia’s statutes and probate rules channel asset collection and loss recovery through the personal representative. See Virginia Code, Title 64.2 (Wills, Administration of Estates and Trusts) for the law governing estate administration: https://law.lis.virginia.gov/vacode/title64.2/.

Common legal remedies available to the estate

The estate (through the personal representative) has several civil and sometimes criminal remedies:

• Demand and negotiation. The administrator can demand an immediate return of funds. Many cases resolve by repayment without litigation.
• Civil suit for conversion or unjust enrichment. The personal representative can sue the person who took or spent funds for conversion (wrongful exercise of control over another’s property) or unjust enrichment.
• Probate remedies. If the person who withdrew funds is an heir or beneficiary, the personal representative can bring claims in the probate case to settle accounts and adjust distributions.
• Criminal referral. If the withdrawal was fraudulent or intended to steal estate funds, the estate or representative can refer facts to law enforcement. Virginia criminal statutes governing larceny, fraud, and related offenses are in Title 18.2: https://law.lis.virginia.gov/vacode/title18.2/.

Typical procedures the personal representative will follow

1. Confirm the account status (sole, joint, POD) with the bank and obtain account statements showing the withdrawals or charges.
2. Notify the bank and credit card companies of the death and ask the bank to freeze remaining assets if appropriate.
3. If not already appointed, seek appointment as personal representative in the local circuit court to obtain authority to act for the estate. Virginia probate rules and procedures are in Title 64.2: https://law.lis.virginia.gov/vacode/title64.2/.
4. Send a written demand for return of funds to the person who withdrew or charged the funds.
5. If demand fails, file a civil claim in the appropriate court for recovery, accounting, and possible damages. Consider referring potentially criminal acts to local law enforcement.

Practical examples (hypotheticals)

Hypothetical A: A son withdraws $8,000 from an account held only in his deceased mother’s name three days after she dies and before any personal representative is appointed. The mother left no POD or joint owner. When the executor is appointed, the executor can demand return, provide the bank statements to prove conversion, and sue if the son refuses.

Hypothetical B: A daughter used her late father’s credit card to pay for personal vacations after he died. The credit card issuer may seek repayment from her, the estate can demand reimbursement, and the conduct could support both a civil conversion claim and criminal investigation.

How outcomes differ if the person is an heir or co-administrator

Being an heir does not give an automatic right to take estate property before distributions are made according to the will or Virginia intestacy rules (Title 64.2). If the person who took funds was acting as a personal representative, the court will scrutinize whether they acted within their authority. If they were a co-personal representative, other co-representatives can seek accounting and removal if there is misconduct.

Timing and limitations

Statutes of limitation and deadlines apply to civil claims. Do not assume recovery will be available forever—act promptly. General Virginia limitations law is in Title 8.01: https://law.lis.virginia.gov/vacode/title8.01/. Consult an attorney promptly to preserve evidence and meet deadlines.