Short answer

Possibly — but your options depend on who legally owned the account, whether the account had survivorship or payable‑on‑death designations, whether your sibling had any legal authority (a power of attorney ends at death), and whether the sibling’s withdrawals were for the estate’s benefit or for personal gain. You can take immediate steps to protect estate assets and ask the probate court for relief before someone is formally appointed administrator.

How this works under Alabama law

Alabama estate law generally gives the personal representative (executor or administrator) the legal authority to handle a decedent’s assets after death. If no representative has been appointed, no private person (including a sibling) has default statutory authority to withdraw funds from a decedent’s account unless the account design or other legal instrument gives them that right (for example, joint tenancy with right of survivorship or a beneficiary designation).

Alabama’s probate statutes govern appointment and duties of an administrator and the handling of estate assets. For the statutory framework on estate administration, see Title 43 of the Code of Alabama: Code of Alabama – Title 43 (Probate and Estates). For practical questions about filing a petition in probate court, see the Alabama Judicial System: Alabama Judicial System.

Important factors to check right away

• Account ownership and design: Was the account solely in the deceased parent’s name, jointly owned with survivorship rights, or designated payable‑on‑death (POD) to someone? Survivorship or POD designations usually let the co‑owner or beneficiary take the money regardless of probate.
• Power of attorney: A power of attorney ends when a person dies. If your sibling is acting under a POA, that authority terminated at the parent’s death.
• Purpose of the withdrawals: Were funds used to keep property secured (e.g., paying a mortgage to avoid foreclosure) or were they used for the sibling’s personal expenses? Payments that preserve estate assets may be viewed differently than personal spending.
• Account records: Get copies of bank statements and any payment receipts. The ledger will show amounts, dates, and payees.

Practical steps you can take immediately

1. Gather documents: Collect the decedent’s bank statements, mortgage statements, deed/title, and any communications showing the sibling’s withdrawals.
2. Contact the bank: Ask what documentation they rely on to permit the sibling’s access. Provide the death certificate and ask whether the account is joint or has a beneficiary. Banks often will freeze accounts or refuse further withdrawals if asked by an interested party and given notice of a dispute, but each bank has its own procedures.
3. Contact probate court clerk: Ask how to file an emergency petition to open the estate or to request a temporary administrator. Many probate courts will accept a petition to have someone appointed quickly when estate assets are at risk.
4. Send a written demand: If appropriate, send a written demand to the sibling asking them to stop withdrawals and to provide an accounting of funds taken. Keep a copy.
5. File for probate and appointment: You (or another interested person) can petition the probate court to be appointed administrator or to have an administrator appointed. Once appointed, the administrator has authority to demand accountings and recover estate property.
6. Ask for emergency relief: If assets are being dissipated, you can ask the probate court for temporary relief—such as a temporary administrator, an order freezing the bank account, or an injunction to stop transfers—while the court resolves who should administer the estate.

Legal claims and remedies that may apply

Depending on the facts, possible claims include:

• Conversion or unjust enrichment: If a sibling removed funds for personal use and had no legal right, the estate (through an administrator) can seek to recover those funds.
• Accounting and surcharge: A court can require an accounting of funds taken and order the person to repay wrongful withdrawals plus interest.
• Temporary appointment or injunction: The probate court can temporarily appoint an administrator or issue an injunction to prevent further dissipation of assets.

Which remedy fits best depends on the account type, the nature of withdrawals, and timing. Courts will balance preventing harm to the estate with protecting lawful rights of surviving joint owners or beneficiaries.

When payments might be acceptable

If a sibling used estate funds to make mortgage payments that preserved the estate’s property (and not for their personal benefit), a court may consider that a reasonable and necessary act to protect assets. Still, such payments are normally subject to later review by the personal representative and the probate court. Acting without court authority carries risk for the person who withdrew the funds.

How to prepare if you plan to challenge the withdrawals

• Make authenticated copies of bank statements, mortgage invoices, and the death certificate.
• Write a timeline of withdrawals and note any communications with the sibling and the bank.
• Identify potential witnesses (neighbors, mortgage servicer personnel, bank staff).
• Be ready to ask the probate court for interim relief (temporary administrator, freeze order, or injunction).
• Consult a probate attorney to discuss filing a petition and any civil claims for recovery.

When to talk to a lawyer

Contact a probate or estate litigation lawyer as soon as possible if: large sums have been withdrawn, assets are disappearing, a foreclosure is possible, or the sibling refuses to provide an accounting. A lawyer can help you file the correct petition in probate court and pursue immediate protective relief.

Helpful hints

• Act quickly: banks and courts can respond faster when an estate is at risk.
• If the account was jointly held, ask the bank for documentation showing how ownership is established.
• Do not attempt self-help (for example, changing locks or seizing bank property) — use the court process.
• Keep all communications with your sibling and the bank in writing when possible.
• Request certified copies of the death certificate for banks, lenders, and the probate court.
• If the mortgage is in default, inform the mortgage servicer that the borrower has died and that the estate is being administered; this can pause some collection activity while probate proceeds.