Detailed Answer — What to do if an administrator closed a joint bank account in California without notifying heirs
Short overview: In California, whether a bank account passes automatically to a surviving joint account holder or is part of the decedent’s estate depends on how the account was titled. If an administrator (personal representative) closed or withdrew funds from a joint account without telling heirs, you have several steps available: verify account ownership and title, demand information from the bank and the administrator, and, if necessary, ask the probate court to review the administrator’s actions and order recovery or other remedies.
Step 1 — Confirm the account type and what the law says
Not all joint accounts are the same. Common possibilities are:
- Joint tenancy with right of survivorship — generally the surviving joint owner becomes the sole owner automatically on death.
- Tenants in common or other joint ownership language — the account may be part of the decedent’s probate estate.
- Payable-on-death (POD) or transfer-on-death (TOD) designations — funds pass to the named beneficiary outside probate.
Because outcomes depend on the exact account title, get a copy of the bank’s account contract and a ledger or statement showing the account title and recent transactions. Official California probate rules and explanations can be found through the California Probate Code and the California Courts self-help pages: California Probate Code (legislature.ca.gov) and California Courts — Probate Self-Help.
Step 2 — Ask the bank for documentation and reverse transactions if possible
Contact the bank immediately and request:
- Account title and account-opening records.
- Copies of recent statements and all transactions after the date of death.
- The bank’s reason for closing the account and any internal notes.
Banks have compliance and error-resolution procedures. If funds were removed improperly, the bank may be able to freeze or reverse some transactions while you pursue legal remedies.
Step 3 — Demand a written accounting from the administrator
If someone has been appointed administrator (personal representative) for the decedent’s estate, they have fiduciary duties to the estate and beneficiaries. California’s probate process gives heirs and beneficiaries the right to ask the court for accountings and to challenge fiduciaries for misconduct. Send a written demand for an accounting and copies of any documents showing why the administrator closed the account and where the funds went.
Step 4 — File a petition in probate court if you don’t get a satisfactory response
If the bank or administrator will not provide information or restore funds, you can ask the probate court for relief. Common court actions include:
- Petition for an accounting or inspection of estate records (to force the administrator to disclose bank records and transactions).
- Petition for turnover of estate property — to recover specific funds wrongfully taken out of the estate.
- Petition to surcharge or remove the administrator for breach of fiduciary duty if they misapplied estate assets.
- Ex parte request or temporary restraining order to preserve remaining assets (in urgent cases).
Information and forms for probate matters are available from the California Courts; for code authority and detailed statutory provisions, see the California Probate Code: https://leginfo.legislature.ca.gov/faces/codes.xhtml?lawCode=PROB.
Step 5 — Consider civil claims and possible criminal referral
If the administrator knowingly took funds not belonging to the estate, beneficiaries can bring civil claims for conversion, breach of fiduciary duty, and accounting. In some cases where funds were stolen or fraud was involved, a criminal theft report may be appropriate (California Penal Code contains theft offenses and can be reviewed at: Cal. Penal Code §484 (Theft)).
Timing and practical considerations
- Act quickly to preserve evidence. Banks may be able to freeze or reverse transfers if you raise the issue promptly.
- If probate has not been opened, heirs can file a petition to open probate and have the court decide who is entitled to the funds.
- Even if funds passed to a surviving joint tenant by operation of law, transfers made by an administrator after death may be subject to challenge if the administrator interfered with a non-estate transfer.
- Costs and timelines: probate petitions, accountings, and civil suits take time and may incur attorney fees; some relief (like a temporary restraining order) may be faster but requires meeting legal standards for immediate harm.
How a lawyer can help
An attorney who handles estate and probate matters can:
- Review bank titles and records to determine whether funds passed outside probate or belong to the estate.
- Draft demand letters and file necessary petitions in probate court.
- Seek emergency relief to freeze assets, obtain accountings, or remove an administrator.
- Advise whether civil claims or criminal referral are appropriate.
Key resources — general California probate law and assistance:
- California Probate Code (legislative information)
- California Courts — Probate Self-Help
- California Penal Code §484 (Theft) — general theft statute
Bottom line: First, identify how the account was titled and get bank records. Then demand an accounting from the administrator and the bank. If those efforts fail, file a petition in probate court asking the judge to order an accounting, recover funds, and, if necessary, remove or surcharge the administrator. Act quickly to preserve evidence and consult a probate attorney for help with court petitions and possible emergency relief.
Disclaimer: This article is educational only and is not legal advice. For advice about your specific situation, consult a licensed California attorney.
Helpful Hints
- Get the death certificate and a copy of any will or trust before you contact the bank — banks will often ask for the death certificate when discussing post-death account handling.
- Ask the bank in writing for the account-opening signature card and any transaction logs after the date of death.
- Keep all communications in writing or follow phone calls with a short emailed summary to create a paper trail.
- Send a written demand for an accounting to the administrator by certified mail and keep a proof of delivery.
- If funds are moved, document the transaction dates, amounts, and recipient accounts — this helps lawyers and the court trace money.
- Contact your county probate court for local filing rules and forms; clerks can point you to required probate forms and filing procedures.
- Consider mediation if the administrator’s actions may have been based on a misunderstanding — mediation can reduce time and costs.
- If you suspect criminal conduct, preserve evidence and consider contacting local law enforcement or the district attorney after consulting an attorney.