Short answer

If someone withdraws money or uses credit accounts belonging to a parent after the parent dies, the estate can usually try to recover those funds. The result depends on how the accounts were titled before death (solely in the decedent’s name, joint, or payable-on-death), whether the withdrawal was authorized, and how quickly the estate acts. Possible remedies include probate collection, a civil suit for conversion/accounting, a claim under a small‑estate procedure, and in some cases criminal charges.

How recovery works under California law

Begin by sorting account ownership and designation. California law treats funds differently depending on form of ownership:

Solely in the decedent’s name: Money in a bank account held only in the deceased person’s name becomes part of the decedent’s estate. An executor or administrator (personal representative) can recover money taken without authority by bringing a claim in probate court or by filing a civil lawsuit for conversion or unjust enrichment.
Joint account with right of survivorship: If the account was held jointly and the surviving co‑owner is shown on the bank records as a joint owner with right of survivorship, the surviving owner generally owns the balance outright upon death. That is not estate property and usually is not recoverable by the estate. However, if the decedent added a joint owner improperly (for example, by fraud or undue influence) close to death, the estate may have grounds to challenge the transfer.
Payable-on-death (POD) or beneficiary designations: If the decedent named a POD beneficiary or other beneficiary designation, those designations typically control and the named beneficiary receives the funds outside probate. An estate cannot normally recover funds paid to a valid beneficiary, unless the designation was procured by fraud.
Credit card accounts: Credit cards are lines of credit, not bank assets. Charges made after death are generally not authorized. The card issuer may cancel the account and seek payment from the estate for charges that were valid before death, but unauthorized post‑death charges may be disputed with the issuer and, if charged to the estate, can be challenged by the personal representative.

Typical legal remedies available to the estate

Demand and repayment: The executor or administrator usually sends a written demand to the person who withdrew funds asking for return.
Probate administration: If the decedent had a probate estate, the personal representative can collect assets, file objections, and bring claims against anyone who converted estate property. For basic probate information, see the California Courts probate self-help page: courts.ca.gov/selfhelp-probate.htm.
Small estate affidavit (summary procedure): If the estate qualifies under the small‑estate threshold, a person entitled to property may use a small estate affidavit to collect assets without full probate. See California Probate Code sections on small estate summary procedures, beginning with Section 13100: Probate Code §13100. (Use the linked code page to navigate the related sections.)
Civil suit for conversion or unjust enrichment: The personal representative can sue an heir or other person who took assets for conversion (wrongful taking) or unjust enrichment to recover the value of those assets.
Bank or third‑party liability: In some cases a bank that released funds without proper authority can be liable to the estate. The estate can investigate and, if appropriate, pursue the bank for improper disbursement.
Criminal remedies: If someone stole money after the death, the district attorney can pursue theft charges. California’s theft statute is Penal Code section 484: Pen. Code §484.

Practical evidence and timing issues

To recover funds, the estate will need proof: death certificate, bank statements showing the withdrawals, account signatures, and any communications that show lack of authorization. Act quickly. Delay can weaken claims and may affect the estate’s ability to recover under statutes of limitations or procedural deadlines.

What to do right now (practical steps)

Obtain multiple copies of the death certificate.
Contact the decedent’s banks and credit card companies and inform them of the death. Ask them to freeze or flag accounts where appropriate.
Secure and preserve account records, transaction histories, and ATM or online access logs.
If you are the appointed personal representative or potential heir, consult a probate lawyer quickly to discuss whether to open probate, use a small‑estate affidavit, or file a civil claim.
Consider sending a written demand for return of funds. Keep copies of all correspondence.
If you suspect criminal activity, you may report the matter to local law enforcement and the county district attorney.

When the estate may not be able to recover

The estate may not be able to recover funds if:

The account transferred correctly to a joint owner or POD beneficiary.
The withdrawal occurred with the decedent’s express or implied authorization before death.
The estate misses legal deadlines or cannot prove the transfer was wrongful.

Where to find California statutes and official guidance

California Probate Code — full text and sections: leginfo.legislature.ca.gov (Probate Code).
Small estate summary procedures (start at Probate Code §13100): Probate Code §13100.
Theft and criminal remedies (Penal Code §484): Pen. Code §484.
California Courts self‑help on probate procedures: courts.ca.gov/selfhelp-probate.htm.

Helpful hints

Preserve records. Save bank and credit card statements immediately — they are central evidence.
Don’t assume a joint account is improper. Ask for the exact account title shown on bank records.
Act fast — administrative and statute deadlines can bar recovery if you wait.
Get a death certificate early. Banks will typically require it before releasing funds.
Use the small‑estate process for modest estates to avoid the delay and cost of formal probate.
If the person who withdrew the money is a family member, consider mediation before filing suit to save time and costs; but preserve your legal rights while you negotiate.
Consult a California probate attorney to evaluate the strength of a conversion claim or challenge to a transfer.