How to challenge an administrator who closed your father’s joint bank account in Delaware

Short answer: Whether you can successfully challenge the administrator depends on (1) how the account was titled (did it have a right of survivorship or a POD beneficiary?), (2) what authority the court gave the administrator, and (3) whether the bank followed its own rules and Delaware probate law when it froze or closed the account. You should gather the account documents and communications, make a written demand to the bank and the administrator, and—if those steps don’t resolve things—seek relief in the probate forum (Register of Wills/Orphans’ Court) or through a civil petition to obtain an accounting, recover funds, or remove the administrator.

Detailed answer — what Delaware law and the facts mean for you

1. Who owned the account after your father died?

Understand how the account was set up. The most common possibilities are:

• Joint account with right of survivorship: If the account was held as joint tenants with right of survivorship, the surviving joint owner automatically becomes the sole owner at death. The account is not part of the probate estate and an administrator generally has no right to take those funds.
• Joint account as convenience only or without survivorship wording: Some joint accounts are set up so the co‑owner can access funds while the primary owner is alive but the funds remain the primary owner’s property on death. In that case the account may be part of the probate estate.
• POD (payable‑on‑death) or beneficiary designation: Funds pass to the named beneficiary outside probate.
• Sole account in decedent’s name: Those funds are generally estate assets and controlled by the personal representative/administrator after appropriate court appointment and notice.

Which of these actually applies depends on the account agreement and the bank’s signature card. Ask the bank for a copy of the account documents and the signature card.

2. What can an administrator do?

An administrator appointed by the probate court is charged with collecting estate assets, paying debts and distributing remaining assets to heirs or beneficiaries. The administrator’s authority is limited to estate property. If the joint account properly passed by survivorship or by POD, it is not estate property and the administrator should not take it.

3. Why banks sometimes freeze or close accounts at death

Banks often freeze accounts when notified of a customer’s death. They do this to avoid releasing funds improperly. Sometimes banks refuse to recognize survivorship (or they misapply their policies) and require letters testamentary/letters of administration before they release funds. That action may be proper if the funds are estate property, or it may be improper if the surviving joint owner or POD beneficiary should receive the funds automatically.

4. Your rights to challenge the closure

If the account should have passed automatically to a surviving joint owner or beneficiary and the administrator (or bank at the administrator’s direction) closed or transferred funds without proper authority, you may have several remedies:

• Demand documents and an explanation in writing from the bank explaining why the account was frozen or closed and producing any authorizations or transaction records.
• Demand an accounting and explanation from the administrator (ask for a written accounting of actions taken regarding the bank account and copies of any checks, transfers, or receipts).
• File a petition in the probate court (Register of Wills/Orphans’ Court) to compel an accounting, to determine ownership of the account, to recover funds transferred improperly, or to remove or surcharge the administrator for wrongful conduct.
• Seek temporary relief (a probate motion or injunction) to stop further transfers if funds are at risk.

5. Where to file and what Delaware procedures to expect

Probate and administration matters in Delaware are handled locally through the county Register of Wills and associated probate/Orphans’ Court proceedings. The Register of Wills oversees appointments of administrators and executors and handles petitions related to administrations. For general Delaware probate statutes and procedures, see Title 12 of the Delaware Code (estate and probate laws): Delaware Code, Title 12. For court practice and county Register of Wills contacts, start at the Delaware Courts website: courts.delaware.gov.

6. Common outcomes

Possible results after you challenge the closure include:

• The bank releases the account to the proper surviving joint owner or beneficiary after providing account documents.
• The probate court orders the administrator to return improperly taken funds and may surcharge the administrator (require them to reimburse the estate/heirs) if they exceeded their authority.
• The court clarifies who owns the funds (survivor, beneficiary, or estate) and directs distribution accordingly.

Practical step‑by‑step checklist

1. Gather documentation
   • Copy of the bank account statement(s), signature card, and account agreement.
   • Copy of the death certificate.
   • Any written communications from the bank and the named administrator.
2. Ask the bank for an explanation in writing

   Send a written demand (certified mail is best) asking why the account was closed or frozen and request copies of documents showing who authorized any transaction. Ask for a copy of the bank’s account agreement and any internal notes they used to justify closure.

3. Contact the administrator

   Request a written accounting and explanation of any transfers. Ask for copies of any court papers that gave the administrator authority.

4. Check probate filings

   Contact the Register of Wills in the county where your father lived to see if an administration has been opened and whether proper notices were sent to heirs. If no administration is open, that matters for your legal rights.

5. File a probate petition if needed

   If the administrator refuses to cooperate, you can petition the court for an accounting, to recover funds, to remove or surcharge the administrator, or to determine ownership of the account. The local Register of Wills or probate clerk can explain filing steps and forms.

6. Preserve evidence and avoid interfering with estate matters

   Keep originals of correspondence and notes of phone calls. Do not attempt self-help (for example, forcing the bank to re‑open the account) without court permission; improper action could cause legal trouble.

7. Consider counsel

   Probate disputes can be technical. If large sums or complex facts are involved, consult an attorney experienced in Delaware probate and fiduciary litigation.

Helpful hints

• Start by getting the account signature card and account agreement—the wording controls survivorship and beneficiary rights.
• Ask for everything in writing and keep copies; oral promises are hard to enforce.
• If you suspect improper transfers, move quickly. Banks may move money between accounts or out of state; the sooner you act the better your chance to obtain a freeze or recovery through the court.
• Know the difference between an account that passes outside probate (survivor or POD) and estate property—this is often the key legal issue.
• Use the Register of Wills/probate clerk as a resource for procedural steps and required forms in your county.
• Even if an administrator was appointed, the administrator’s authority is not unlimited—heirs can demand an accounting and ask the court to correct mistakes.

When you need a lawyer

Talk to a Delaware probate attorney if any of the following apply:

• The bank or administrator refuses to produce documents or an accounting.
• Large sums of money are at issue or funds have been transferred out of reach.
• There’s a dispute among heirs about ownership or distribution.
• You need to file a petition quickly to preserve assets or remove an administrator.

Resources

• Delaware Code, Title 12 (estate and probate laws): https://delcode.delaware.gov/title12/
• Delaware Courts (general court and probate information): https://courts.delaware.gov/

Final note / disclaimer: I am not a lawyer and this is not legal advice. This article explains general principles under Delaware law to help you understand options and next steps. For advice specific to your situation and representation in court, consult a licensed Delaware probate attorney promptly.