What to do when someone else is using a deceased parent’s bank or credit card accounts
Short answer: Start by getting certified death certificates, notify the bank and card issuers, and either use Alaska’s simplified small‑estate process (if eligible) or ask the Alaska Superior Court to appoint a personal representative (probate). If someone is using accounts illegally, file a police report and pursue civil remedies through probate and creditor dispute processes. This page explains the practical steps under Alaska law and points to resources.
Detailed Answer
Below is a practical, step‑by‑step plan to regain control of a deceased parent’s financial accounts under Alaska law. This is an educational overview, not legal advice.
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Gather key documents immediately
- Obtain several certified copies of the death certificate from Alaska Vital Records. Banks and credit card companies almost always require a certified copy: Alaska Vital Records.
- Locate the decedent’s will, any trust documents, account statements, checkbooks, and copies of recent credit card bills.
- Collect ID and proof of your relationship (e.g., birth certificate, marriage certificate) if available.
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Contact the banks and card issuers
Call each bank, credit card company, and financial institution. Tell them the account holder has died, and follow their protocol. Typical requests from banks include a certified death certificate and proof that you have authority to act (for example, letters testamentary/letters of administration from the court or a trustee document).
Common bank responses:
- Freeze accounts pending probate or documentation.
- Refuse to allow withdrawals without a court appointment or trustee documents.
- Allow payment of reasonable estate expenses if you are the authorized representative.
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Decide whether a small‑estate procedure applies
Alaska law provides probate and estate administration procedures through Title 13 of the Alaska Statutes. For smaller estates, Alaska allows simplified collection procedures in some situations so heirs can collect certain assets without full probate. Whether those simplified rules apply depends on the type and value of assets and how title is held. Review Alaska’s probate statutes for details: Alaska Statutes, Title 13 (Probate, Trusts, and Protective Proceedings).
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If small‑estate procedures don’t apply — open probate / get appointed as personal representative
If you cannot use a simplified collection method, you must open a probate case in the Alaska Superior Court to be appointed the personal representative (executor/administrator). Once the court issues letters testamentary or letters of administration, banks will generally permit the representative to access estate accounts and pay legitimate estate debts and expenses. For court intake and forms, see Alaska Superior Court probate information: Alaska Courts — Probate.
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If someone else is actively using the accounts
If another person (for example, a roommate, distant relative, or caregiver) is withdrawing money or charging purchases after the death:
- Notify the financial institution in writing and ask them to freeze or close the account. Provide a certified death certificate and identify your authority (or state you intend to open probate).
- File a police report and report identity theft / fraud. You can create a recovery plan and report at IdentityTheft.gov.
- Preserve all evidence of unauthorized transactions (statements, ATM receipts, emails, texts). Keep a log of calls and contacts with banks and the other person.
- Ask the probate court for emergency relief if funds are being removed or dissipated. A judge can issue temporary orders to freeze assets pending a hearing.
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Deal with ongoing credit‑card charges
Contact each credit card company, tell them the cardholder is deceased, and dispute any post‑death charges. Card companies typically reverse unauthorized charges made after death once you provide a death certificate and complete their fraud process. Keep records of all disputes and responses.
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Report identity theft and place credit freezes or fraud alerts
If account numbers, Social Security number, or personal information were used fraudulently, place fraud alerts and freezes with the three nationwide credit reporting agencies (Equifax, Experian, TransUnion). Use identitytheft.gov to generate a recovery plan and sample letters.
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Consider civil recovery and criminal referrals
If someone stole funds, you can pursue civil claims through the probate case or separate civil litigation to recover funds. The police or district attorney can pursue criminal charges for theft or fraud if the facts warrant. Keep copies of all paperwork and court filings related to the estate and any investigations.
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Hire an attorney when matters are contested or complex
If the other person refuses to stop using accounts, if the estate is large or complex, or if the relationships make resolution difficult, consult a probate or estate attorney admitted in Alaska. An attorney can file emergency motions, petitions for appointment, and other documents needed to protect estate assets.
Statutory and court resources: For Alaska statutes governing probate, wills, and administration, see Title 13 of the Alaska Statutes: https://www.akleg.gov/basis/statutes.php?title=13. For practical probate forms and court guidance: Alaska Courts — Probate information and forms. For certified death certificates: Alaska Vital Records.
Disclaimer: I am not a lawyer and this is not legal advice. This article provides general information about Alaska procedures. For advice about your specific situation, consult a licensed Alaska attorney.
Helpful Hints
- Get at least 6 certified copies of the death certificate right away; banks, Social Security, and other institutions will each want originals.
- Act quickly if you suspect someone is taking money — ask the bank to freeze transactions and file a police report.
- Keep meticulous written records: dates, times, names, and what each person said. That helps in court and with investigators.
- Do not let an informal arrangement (like a family member who “handles bills”) substitute for court authority if the estate is contested.
- Look for payable‑on‑death (POD) or transfer‑on‑death (TOD) designations and joint account ownership — those change how assets transfer and may avoid probate for specific accounts.
- Ask the bank whether the decedent had online bill‑pay or autopay that should be stopped to avoid additional unauthorized withdrawals.
- If you can’t afford an attorney, ask the court about self‑help guides or limited‑scope representation and look for local legal aid clinics that handle probate or elder abuse matters.