How California probate handles unauthorized charges to a parent’s estate

Detailed answer — what happens and what you can do

When someone makes unauthorized charges against a deceased person’s bank accounts, credit cards, or uses estate assets without permission, those transactions can become issues the probate process must address. In California, the probate court supervises the collection of assets, payment of debts, and distribution to beneficiaries. The court and the decedent’s personal representative (called an executor or administrator) have tools to identify, stop, and recover unauthorized charges so the estate and beneficiaries are made whole, where possible.

Key concepts (plain English)

Personal representative (executor/administrator): The person the court has appointed to manage the estate. They must secure assets, identify creditors, pay valid debts, and distribute the remainder to beneficiaries.
Accounting: A formal record of money that came in and went out of the estate. The personal representative must provide an accounting to the court and beneficiaries when required.
Unauthorized charge: Any withdrawal, payment, transfer, or credit-card charge that was not authorized by the decedent (before death) or by the court or by an existing lawful power of attorney that remained in force.
Surcharge: A court-ordered money judgment against a personal representative (or others) to make the estate whole when their misconduct or negligence caused loss.

How the probate process commonly deals with unauthorized charges

Secure the estate and stop further charges.

The personal representative should promptly freeze or close accounts as appropriate and notify banks and credit card companies of the death. This prevents additional unauthorized transactions and creates a paper trail for disputed items.
Inventory and accounting.

The representative must prepare an inventory of estate assets and a formal accounting of receipts and disbursements. Unauthorized charges should appear as improper disbursements in that accounting.
Identify whether charges were estate debts, creditor claims, or misconduct.

Some post-death payments may be legitimate estate expenses (e.g., funeral costs, taxes, necessary bills). Charges that are personal or wrongful (transfers to a caregiver, family member, or businesses after death without authority) may be recoverable as misconduct, theft, or a creditor claim depending on the circumstances.
File objections or petitions with the probate court.

If beneficiaries or interested persons discover unauthorized charges, they can ask the court to require the personal representative to explain transactions (an account), to surcharge the representative for loss, or to compel recovery from third parties. The court may order restoration of funds or replacement of the representative if misconduct or neglect is shown.
Civil recovery or criminal referral.

The estate (through the representative) can sue to recover funds improperly taken. In cases of theft or financial abuse, the representative or beneficiaries can also ask law enforcement or the district attorney to investigate for criminal prosecution. The estate’s civil claims are separate from criminal prosecution but both can proceed.

Who can be held responsible?

The court can pursue:

The personal representative, if they failed to supervise the estate, paid improper charges, or were negligent. The court can surcharge (hold them personally liable) for losses.
Third parties who received or benefited from the unauthorized transfers. The estate can sue them to return funds.
The person who actually took the funds (e.g., a caregiver or family member), through civil recovery or criminal charges for theft or financial abuse.

Timing and deadlines (practical note)

Probate and creditor-deadline rules can be strict. The personal representative usually publishes or mails notices to potential creditors and follows statutory claim deadlines. If you suspect unauthorized charges, act promptly: preserve records (bank statements, card receipts, invoices), notify the personal representative, and consider asking the court to require an accounting or to issue a citation to the personal representative to appear and explain transactions.

Evidence that strengthens recovery

Bank and credit-card statements showing the dates, amounts, and payees.
Copies of canceled checks, online transfer confirmations, or receipts.
Communications (text, email, letters) authorizing or denying authorization for payments.
Records showing the decedent’s capacity or incapacity before death and any power of attorney documents.
Witness statements from family members, caregivers, or bank employees.

Where to find California law and official guidance

California’s Probate Code and the courts’ self-help pages explain the duties of representatives, the accounting process, and remedies available through probate court. See the Probate Code and general probate self-help resources:

Hypothetical example

Suppose a decedent’s checking account shows several online transfers to a caregiver in the weeks after death. The personal representative did not disclose those transfers in the inventory or accounting. A beneficiary discovers the transfers. The beneficiary asks the court for an accounting and files a petition to surcharge the representative and to order the caregiver to return the funds. The court can order an accounting, hold a hearing, and, if it finds the transfers were unauthorized, order recovery from the caregiver or surcharge the representative for failing to protect the estate.

When to get a lawyer

If the amounts at issue are substantial, if the personal representative refuses to account, if you suspect theft or elder financial abuse, or if the estate is contested, consult an attorney who handles probate, estate litigation, or elder financial abuse. An attorney can help preserve claims, prepare petitions, and represent you at hearings.

Disclaimer: This article explains general California probate principles and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed California attorney.

Helpful Hints

Act fast. Preserve all bank statements, card records, and correspondence as soon as you learn of suspicious charges.
Ask the personal representative in writing for a full accounting and copies of bank statements and the inventory of assets.
Do not confront suspected wrongdoers without counsel; investigations and evidence preservation are important.
Document everything: who told you what and when, and keep copies of all requests and responses to the estate’s representative and banks.
Consider requesting the court to issue a citation to the personal representative if they will not provide an accounting voluntarily.
If you suspect criminal theft or elder financial abuse, report it to local law enforcement and the district attorney’s office in addition to pursuing probate remedies.
Keep beneficiaries informed. Courts favor transparency; beneficiaries who cooperate and preserve evidence help the estate resolve claims more quickly.