Detailed Answer

This section explains, in plain language and under Arizona law, what steps heirs can take if a personal representative (sometimes called an administrator or executor) closed a deceased person’s joint bank account without telling the heirs. This is an overview to help you understand your options. It is not legal advice.

Who is the personal representative and what are their duties?

When a person dies and their estate goes through probate, the court appoints a personal representative (PR). The PR owes fiduciary duties to the estate and heirs. These duties include preserving estate assets, accounting for transactions, and distributing assets according to the will or Arizona law. Arizona probate law and procedures are in Title 14 of the Arizona Revised Statutes: https://www.azleg.gov/arsDetail/?title=14.

Why the PR might have closed the account

Common reasons a bank account is closed after death:

• The bank treated the account as belonging to the surviving joint owner and paid funds to them.
• The PR believed the funds were estate property and closed the account to move money into an estate account.
• The bank froze or closed the account after seeing a death certificate while waiting for probate instructions.

Immediate practical steps you should take

1. Confirm the facts with the bank. Ask the bank for a written record of what happened, including the date the account closed, who withdrew funds, and copies of account signature cards and any beneficiary or joint-owner designation. Request all records in writing and keep copies.
2. Get a copy of the death certificate and any probate documents. If probate is open, obtain the court paperwork identifying the PR, case number, and any letters of appointment (letters testamentary or letters of administration).
3. Request an accounting from the PR. Arizona law requires the PR to keep and provide records and account for estate transactions. You can ask for a written accounting showing deposits, withdrawals, transfers, and the reason for closing the account.
4. Preserve evidence. Save emails, letters, statements, and notes of phone calls with the bank or PR. Record dates, times, names, and what was said.

Legal steps to challenge the actions

If the PR closed the account improperly or mishandled funds, heirs have several remedies under Arizona probate procedures. Typical actions include:

• File a formal objection in the probate case. If probate is open, you can file an objection or a request for accounting with the probate court. The court can order the PR to provide accountings or explain transactions.
• Motion to compel an accounting or turnover. Ask the court to compel the PR to produce records and return estate funds that were wrongfully taken or spent.
• Petition for removal of the personal representative. If the PR breached fiduciary duties (misappropriation, failure to account, or other misconduct), the court can remove and replace the PR and order remedies such as surcharge (monetary liability).
• Civil claims. If necessary, heirs may bring a separate civil lawsuit for conversion (wrongful taking of property), breach of fiduciary duty, or fraud.

What to expect in court

The probate court will review the PR’s actions and documents. The court can:

• Require a full accounting of receipts and disbursements.
• Order return of funds to the estate or directly to rightful heirs.
• Remove or surcharge the PR for improper conduct.

Timing and urgency

Act promptly. Probate and estate disputes often have time limits and the longer you wait, the harder it can be to recover funds or prove misconduct. If probate has not been opened, you may need to file a probate petition or a small-estate claim to protect rights to assets.

Help and resources

Arizona resources that can help you learn more about probate steps and forms:

• Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14
• Arizona Courts — Probate self-service information and forms: https://www.azcourts.gov/selfservice/Probate
• Arizona Department of Financial Institutions (consumer help about banks): https://azdfi.gov/
• Find a lawyer through the State Bar of Arizona: https://azbar.org/for-the-public/find-a-lawyer/

Note: Probate is governed by Arizona law and local court practice. Title 14 of the Arizona Revised Statutes sets the basic rules for probate, fiduciary duties and probate procedure. For case-specific guidance, contact an attorney quickly.

Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about your particular situation, consult a licensed Arizona attorney.

Helpful Hints

• Ask the bank for a written transaction history and account agreements immediately.
• Get certified copies of the death certificate and any court “letters” appointing the personal representative.
• Request a written accounting from the personal representative and set a reasonable deadline for response (keep your request in writing).
• Preserve every document and note every communication — dates, names, and content matter in court.
• If probate is not yet opened, consider opening it or filing a small estate claim to stop further depletion of assets.
• Do not try to access or transfer funds without court authorization — acting outside court orders can create legal issues.
• Look for signs of possible misconduct: unexplained large withdrawals, transfers to unknown accounts, or failure to provide basic account information.
• Contact the probate clerk at the county where the decedent lived to learn whether a case exists and how to file an objection or petition.
• Consult an Arizona probate attorney early — many offer a short initial consultation and can explain deadlines and likely outcomes.