Short answer: Possibly — but it depends on who legally controls the account and what authority they assert. If the account was titled jointly with rights of survivorship, the sibling may have immediate legal access. If the account was solely in the deceased parent’s name, anyone using funds without legal authority may be committing civil conversion or other wrongs. In Arkansas, you can take immediate steps (demand letters, asking the bank to freeze the account, filing for emergency probate relief) and longer-term steps (petitioning the probate court for appointment of an administrator and seeking recovery). This article explains your options and next steps under Arkansas law.

Detailed answer — what Arkansas law and practice mean in plain language

Before an administrator (also called a personal representative) is appointed by the probate court, no one (other than someone who has a legal right outside of probate) has the estate-authority a court grants. Arkansas probate statutes govern who may be appointed and what authority an appointed representative has over estate assets. For guidance and official statutory text, see the Arkansas General Assembly website: https://www.arkleg.state.ar.us/, and for practical probate information see the Arkansas Judiciary site: https://www.arcourts.gov/.

1. Who may legally use the account before appointment?

• Joint account holder with rights of survivorship: If the bank account was held jointly and the title gives surviving owners immediate rights, the surviving joint owner can usually access the account at death. The bank will often ask to see a death certificate.
• Payable-on-death (POD) or transfer-on-death (TOD) beneficiary: A named beneficiary can receive funds outside probate when the bank processes the claim.
• Authorized signer without ownership: An agent on a valid power of attorney loses authority at the principal’s death and cannot legally use estate funds after death.
• Solely titled account: If the account was only in the parent’s name and no survivorship or beneficiary applies, anyone who withdraws funds without court authority may be wrongfully using estate property.

2. What can you do immediately if a sibling is using funds?

Immediate practical steps you can take while preparing a formal legal response:

• Contact the bank. Ask what documentation the sibling provided and whether the bank will freeze the account pending probate. Banks often limit access without letters testamentary or letters of administration.
• Send a written demand. Send a certified letter to your sibling demanding they stop using funds and preserve records of any withdrawals. This creates a record you can use later.
• Preserve evidence. Save bank statements, photographs of checks, copies of communications, and any receipts showing mortgage payments or other transfers.
• Consider criminal or civil reporting. If funds were taken improperly, you may be able to report theft or conversion to local law enforcement and also bring a civil claim in court.

3. Use the probate process to get legal authority and remedies

If the account is part of the decedent’s estate (not jointly owned or POD), the right route is probate. Typical steps under Arkansas practice:

• File a petition for appointment of an administrator or executor in the probate court where the decedent lived. The court will appoint a personal representative and issue letters testamentary or letters of administration that give authority over estate assets.
• Ask the court for temporary or emergency relief if assets are being dissipated. The court can issue orders to freeze assets, require accounting, or limit transfers to protect estate property.
• Once appointed, the personal representative may sue to recover funds taken improperly, demand an accounting from the sibling, and seek surcharge or damages for conversion.

For forms, filing locations, and local procedures, consult the Arkansas Judiciary resources: https://www.arcourts.gov/. For statutory authority on appointment and administration, see the Arkansas Code via the Arkansas General Assembly: https://www.arkleg.state.ar.us/.

4. Possible legal claims and remedies

• Civil conversion or unjust enrichment: Recover funds that were misapplied.
• Injunction or temporary restraining order: Ask the probate or circuit court to stop further dissipation.
• Accounting and surcharge: The court can require an accounting and charge a wrongdoer for losses.
• Criminal complaint: If the conduct rises to theft, local prosecutors may pursue criminal charges under Arkansas criminal statutes.

5. Practical issues with banks

Banks implement their own policies. Common outcomes:

• Banks may freeze accounts on notice of death until letters are produced.
• Some banks allow a surviving joint owner to withdraw funds after producing a death certificate.
• If the bank allowed improper withdrawals, the estate (through an appointed representative) may pursue the bank and/or the person who took funds to recover what was lost.

Helpful hints — practical checklist to protect estate funds

1. Act quickly: immediate preservation of evidence and a timely petition to probate reduce the chance of irreversible losses.
2. Gather documents: death certificate, account statements, bank correspondence, mortgage statements, and any documents your sibling used at the bank.
3. Write a demand: send a recorded-delivery letter asking the sibling to stop using funds and preserve records.
4. Contact the bank: ask whether the account is joint, POD, or held solely, and request a temporary freeze if appropriate.
5. File for appointment: if you want to be involved in administration, file to be appointed or oppose inappropriate conduct through probate court.
6. Consider emergency court relief if funds are being spent down (temporary restraining order/freeze).
7. Talk to a probate attorney: an attorney can file the necessary pleadings quickly and advise on civil or criminal claims. If cost is a concern, ask about initial consultations, limited-scope representation, or local legal aid.
8. Be mindful of timelines: probate and civil claims have deadlines; acting sooner preserves options.