How to regain control of a deceased parent’s bank and credit card accounts in Arkansas

Short answer: Stop the misuse quickly, gather the documents you need, and use Arkansas probate procedures (or a small-estate affidavit if eligible) to get legal authority to deal with accounts. If someone else is using the accounts without authority, report the activity to the bank and to law enforcement and consider civil remedies. This article explains the steps and links to Arkansas resources.

Disclaimer

This is educational information and not legal advice. Consult a licensed Arkansas attorney about your specific situation.

1) What immediately helps stop more unauthorized use

Obtain multiple certified copies of the death certificate from the Arkansas Office of Vital Records or the county where the death was registered.
Call each bank and credit card company and tell them the account owner died. Ask the institution to freeze or close the accounts and to stop all card activity until the estate representative is appointed.
Ask the bank to identify account type: sole-name, joint, or payable-on-death (POD)/transfer-on-death (TOD). Joint accounts typically remain with the surviving owner, while POD/TOD passes to the named beneficiary. Sole-name accounts belong to the decedent’s estate.
If you suspect criminal misuse (someone using cards or withdrawals after death), file a police report and preserve proof (statements, screenshots, dates, names). Criminal theft/fraud can be reported to local law enforcement and can support civil action.

2) Who legally controls the accounts after death

Legal control depends on how the account is titled and on Arkansas probate rules:

Joint accounts with right of survivorship generally pass to the surviving joint owner automatically.
POD/TOD accounts pass directly to the named beneficiary when the bank receives a death certificate.
Sole accounts without a named beneficiary become part of the deceased person’s estate. Only the personal representative (executor or administrator) may lawfully access or distribute those funds.

Power of attorney ends at death. A person who had a POA cannot continue to manage accounts after the principal’s death.

3) Formal steps to regain control (probate and small-estate options)

Collect documents: certified death certificate(s), the decedent’s will (if any), recent account statements, account numbers, and ID for the person seeking control.
Determine whether the estate must go through probate or qualifies for a simplified collection method. Arkansas courts provide probate forms and instructions for small estates; review the Arkansas probate forms and self-help resources: Arkansas Courts — Probate Court Forms.
If probate is required, file a petition in the appropriate county probate court to be appointed personal representative (executor or administrator). After appointment the court issues letters testamentary or letters of administration. Present those letters to the bank to get access to estate accounts.
If the estate qualifies as a small estate under Arkansas rules, you may be able to use a small-estate affidavit or other simplified procedure (check local court rules and forms linked above) to collect bank account funds without full probate.

4) What to provide banks and card issuers

Certified copy of the death certificate.
Letters testamentary or letters of administration issued by the probate court (if probate was opened).
Small-estate affidavit or other court-issued document if using a simplified procedure.
Written authorization or release language the bank requires—banks vary in procedure, so ask what the bank specifically needs in writing.

5) Dealing with unauthorized charges and misuse

Immediately dispute fraudulent credit-card charges with the card issuer in writing and by phone. Provide a copy of the death certificate and any supporting statements.
Ask the bank to reverse unauthorized withdrawals and to provide a transaction history showing post-death activity. Keep all written communications.
File a police report for theft or fraud. Provide the bank and the probate court with copies of the police report when relevant.
Consider a civil claim against the person who used the accounts (actions like conversion, unjust enrichment, or breach of fiduciary duty if that person had a fiduciary role). An Arkansas attorney can advise on these options.

6) Protect the decedent’s credit and identity

Contact the three major credit bureaus and place a fraud alert or a credit freeze if you suspect identity theft. Follow FTC guidance at identitytheft.gov.
Notify Social Security (if applicable) to stop benefit payments. See Social Security Administration for instructions.
Monitor mail and email for account notices or bills that could indicate continued unauthorized activity.

7) Timeline and realistic expectations

Banks often act quickly to freeze accounts when provided a death certificate. Obtaining court appointment as personal representative can take weeks depending on county court schedules. Small-estate procedures may resolve issues faster, but banks may still require court or notarized documents. Criminal investigations timelines vary widely.

8) When to contact an attorney

If someone continues to use accounts after you’ve notified the bank and law enforcement.
If the estate is large, complex, or contested (disputes over the will, creditor claims, or competing claims to accounts).
If you need to pursue civil recovery for wrongful use of funds or to initiate a probate with unusual issues.

Search for an Arkansas probate or elder-law attorney if you need help. Also consider contacting the Arkansas Attorney General’s Consumer Protection Division for fraud concerns: Arkansas Attorney General — Consumer Protection.

Helpful hints

Get several certified death certificates at once. Banks usually require originals or certified copies.
Document every phone call: date, time, person you spoke with, and what was said. Keep copies of all letters and emails.
Don’t hand over estate funds to family members or others without legal authority; improper distributions can create personal liability.
If a bank refuses to cooperate, ask to speak with the bank’s legal or estate-account specialist and request a written explanation for any refusal.
Act quickly. The longer unauthorized use continues, the harder it may be to recover funds.
Keep one central file (digital and physical) with the death certificate, account statements, correspondence, police report, and court filings.
Use county probate clerks and Arkansas Courts resources for local procedures and forms: Arkansas Courts — Probate Court Forms.