Short answer: Yes — under Alabama law the decedent’s personal representative (executor or administrator) can usually seek to recover money that an heir took from the decedent’s bank account or charged to the decedent’s credit cards after death. Those withdrawals may be treated as wrongful (civil conversion, unjust enrichment, or breach of fiduciary duty) and, in some situations, criminal (theft). The estate has specific procedural steps and remedies it must follow through probate to recover assets.

Detailed answer — how recovery works in Alabama

This answer explains the usual legal framework and typical steps an estate or disappointed heir can expect. This is a general overview and not legal advice.

1. Who controls the decedent’s assets after death?

Once a person dies, title to many assets does not immediately pass to heirs. Instead, the decedent’s estate becomes a separate legal entity for the purpose of collecting assets, paying debts, and distributing to beneficiaries. Control of estate assets is handled through probate by a personal representative (called an executor if appointed by the will, or an administrator if appointed by the probate court when there is no valid will).

The personal representative has the legal authority to collect bank accounts, pay valid debts and taxes, and distribute remaining assets to beneficiaries according to the will or Alabama intestacy rules. The representative’s authority generally begins when the probate court issues letters testamentary or letters of administration.

2. What if an heir takes money before probate or after the decedent’s death?

If someone (including an heir) withdraws funds or uses the decedent’s credit card after the decedent’s death, that act can be:

• Civilly wrongful — e.g., conversion (wrongful exercise of control over another’s property), unjust enrichment, or a claim for an accounting; and
• Criminal — if the facts show willful theft or fraud, criminal charges may be possible under Alabama’s criminal statutes.

The estate (through the personal representative) can bring civil claims against the person who took the money to recover the funds, obtain an accounting, and seek damages, interest, and attorneys’ fees where allowed.

3. Typical civil remedies available to the estate

Common actions a personal representative may pursue in Alabama include:

• Action for conversion — to recover the value of funds wrongfully taken.
• Action for unjust enrichment — if the heir benefited at the estate’s expense and no legal justification exists.
• Demand for an accounting — to trace how funds were used and require repayment of improper withdrawals.
• Pleading for a constructive trust — where equity demands that wrongfully taken funds be held for the estate.

These remedies are generally brought in civil court as part of estate administration or as separate lawsuits if necessary.

4. Possible criminal remedies

If the taking involves deceit, intent to permanently deprive the estate of funds, or other criminal elements, law enforcement may pursue theft or related charges under Alabama criminal law. Criminal prosecution is separate from the estate’s civil claim and does not replace the estate’s right to recover funds.

5. Bank and credit card company responses

Banks typically freeze accounts after receiving notice of death or when presented with letters of administration. If a bank released funds to an heir without proper authorization, the bank may bear some liability, particularly if the bank failed to follow required procedures. Credit card companies will seek payment for valid charges; unauthorized charges after death may be disputed with the issuer, but the issuer may still look to the estate for repayment unless the charges are proven unauthorized.

6. Practical steps the estate should take immediately

1. Obtain letters testamentary or letters of administration from the probate court as soon as possible. These documents give the personal representative the legal authority to act.
2. Collect and secure records: bank statements, account signatory lists, credit-card statements, and any evidence of withdrawals or charges after death.
3. Provide prompt written notice of death to banks and credit-card companies and ask them to freeze or block accounts until the representative acts.
4. Send a written demand to the person who took the funds asking for return and an accounting.
5. If the person refuses, file a civil action in probate or circuit court for recovery (conversion, unjust enrichment, replevin, accounting, or constructive trust), or ask the district attorney about criminal referral if facts indicate theft or fraud.

7. Timing, statute of limitations, and probate procedure

Claims against persons who take estate funds are subject to Alabama statutes of limitations for conversion or similar claims. Timelines vary by claim type (often two to six years depending on the claim and when the estate discovered the taking). Also, the probate process has its own deadlines for filing creditor claims and inventorying estate assets. Acting promptly preserves remedies and prevents complications. The personal representative should consult a probate attorney early to meet statutory deadlines and file necessary pleadings.

8. Who pays estate debts and what if the alleged taker used funds to pay debts?

The estate is responsible for valid debts of the decedent out of estate assets. If an heir used estate funds to pay a creditor, the estate may still have a claim against that heir to recover the funds. The creditor’s rights are separate; they may be entitled to payment from the estate but cannot keep funds that were improperly taken by an heir without legal claim to them.

Relevant Alabama law and resources

Key legal areas include Alabama probate law (administration and duties of personal representatives), civil law for conversion and unjust enrichment, and Alabama criminal statutes on theft. For general reference to the Alabama Code, visit the Alabama Legislature’s official site for the Code of Alabama: https://www.legislature.state.al.us/. For information on probate procedures (Title 43 of the Code of Alabama), consult the probate title on the Alabama Legislature site or ask a probate attorney to point to the precise statutory sections that apply in your case.

Helpful Hints

• Act quickly: obtain letters testamentary/administration and notify banks to freeze accounts.
• Gather documentation: bank records, statements showing withdrawals or charges after death, and communications with the alleged taker.
• Make a written demand for return before filing suit — courts often expect a demand when feasible.
• Consider both civil and criminal avenues: a criminal investigation can supplement civil recovery and deter wrongful actors.
• Don’t let informal family agreements substitute for formal probate: money taken without court authority creates legal exposure.
• If you are the personal representative, get legal advice on duties and on whether the estate should sue an heir; wrongful self-help can create liability for you.
• If the bank released funds without proper documentation, ask the bank for its file and disclosure of why it honored the withdrawal.
• Keep communications documented — written correspondence and a clear paper trail strengthen any civil claim.