Detailed Answer — How to regain control of a deceased parent’s bank and credit card accounts in Delaware

Short answer: Act quickly. Get certified copies of the death certificate, contact the financial institutions, freeze or close accounts, report unlawful use to the police and creditors, and if needed open probate or get court letters giving you authority to act. If someone is using accounts after the death, they may be committing theft or identity theft and you should escalate to law enforcement and the courts if institutions will not cooperate.

Step-by-step actions to take right away

Obtain certified death certificates. Request several certified copies from the Register of Wills or the vital records office. Financial institutions require an official death certificate to close or freeze accounts.
Contact each bank, credit card issuer, and account custodian. Tell them the account owner died. Ask them to freeze accounts and stop all debit/credit card activity and ACH transfers pending probate or formal administration. Provide a certified death certificate.
Ask the institution what documentation they need to release funds. Typical documents include a certified death certificate and the personal representative’s appointment (Letters Testamentary or Letters of Administration). If the bank relied on a power of attorney, explain that a power of attorney ends at death and should no longer be honored.
Cancel or pause cards and request records. Ask for recent statements and copies of any questionable transactions. Immediately dispute unauthorized charges with the card issuer.
File an identity-theft/unauthorized-use report. File a police report and an identity theft report with the Federal Trade Commission at https://www.identitytheft.gov. The reports provide documentation to give banks and creditors when disputing charges or asking them to remove a user.
Place fraud alerts or credit freezes. Contact the three credit bureaus (Equifax, Experian, TransUnion) to place a fraud alert or freeze on the deceased person’s credit file to prevent new accounts from being opened in their name.
Collect documentation and preserve evidence. Keep copies of all communications (emails, letters, bank statements, account screenshots). If someone else is using the cards, preserve evidence of use and where the funds went.

If a third party (including an agent under a power of attorney) is using accounts after death

Under general common-law principles and Delaware practice, an agent’s authority under a power of attorney ends when the principal dies. A financial institution that continues to allow an agent to act after death may be responsible for wrongful distributions. If a person is using accounts after the owner’s death, you should:

Inform the bank in writing that the principal is deceased and that any power of attorney terminated at death. Provide a certified death certificate.
Demand an accounting of transactions made since the date of death. Ask the bank to reverse or freeze suspicious transfers.
If the bank refuses, consider demanding a temporary restraining order or emergency relief from the probate court until a personal representative is appointed.
Report suspected theft or identity theft to the police and the Delaware Attorney General’s office if necessary. See consumer resources at the Delaware Attorney General’s site: https://attorneygeneral.delaware.gov/fraud/identity-theft/.

Probate and formal authority in Delaware

To control and distribute a deceased person’s accounts legally, you usually need to be appointed the personal representative (executor or administrator). In Delaware the Register of Wills handles probate filings and appointments. The courts can issue Letters Testamentary or Letters of Administration that banks accept as authority to act on estate accounts.

Start with the Register of Wills in the county where your parent lived or had their estate administration: https://courts.delaware.gov/register-of-wills/ . For statutes and rules governing decedents’ estates, see Delaware Code, Title 12 (Decedents’ Estates): https://delcode.delaware.gov/title12/ .

Delaware also has procedures for handling smaller estates and for summary administration in some situations. If the estate is small or the only issue is closing accounts, the Register of Wills or a probate clerk can explain any simplified paths you might use instead of full probate.

Disputing credit-card charges and recovering funds

Contact the card issuer’s fraud department and provide the death certificate, police report, and any proof that the card use was unauthorized.
Ask the issuer to reverse unauthorized charges and to close the account.
If the issuer refuses, use an FTC Identity Theft Report and the police report to escalate the dispute. Keep written records of every communication.

When to involve the courts or hire an attorney

Hire a Delaware probate or estate attorney if the bank refuses to freeze accounts or if the other party refuses to return funds.
Get immediate legal help if large sums have been removed, if someone is using a power of attorney improperly, or if the institution insists on dealing with the third party who may be misappropriating funds.
An attorney can help you obtain emergency court orders, a formal accounting, and criminal referrals when appropriate.

Practical timeline and documentation checklist

Certified death certificate (multiple copies).
Will (if any) and contact information for named executor.
Recent bank and credit-card statements showing questionable transactions.
Police report and FTC Identity Theft Report (identitytheft.gov).
Communications with the bank or card issuer (emails, call logs, certified letters).
Letters Testamentary or Letters of Administration (from probate) when appointed.

Relevant Delaware resources and legal references

Delaware Code, Title 12 (Decedents’ Estates): https://delcode.delaware.gov/title12/
Register of Wills and probate information (Delaware Courts): https://courts.delaware.gov/register-of-wills/
Delaware Attorney General — identity theft and consumer fraud resources: https://attorneygeneral.delaware.gov/fraud/identity-theft/
Federal resource for identity-theft reporting: https://www.identitytheft.gov

Helpful Hints

Act immediately to reduce the chance of permanent loss.
Get several certified copies of the death certificate—banks and government agencies often require originals.
When talking to banks, ask for the name and badge/employee ID of the person you speak with and follow up in writing.
Do not rely on a person who had power of attorney to continue managing accounts after death; their authority ends at death.
Keep meticulous records. A complete file of documents and communications speeds disputes, probate, and potential criminal investigations.
If the estate is small, a Register of Wills clerk may be able to explain simpler ways to access funds needed for funeral or essential bills.
Consider a credit freeze on the deceased’s credit to prevent new accounts from being opened.
If possible, talk calmly to relatives or other parties before escalating; sometimes miscommunication causes the issue and can be resolved without court involvement.

Disclaimer: This article provides general information about Delaware procedures and consumer steps. It is not legal advice and does not create an attorney-client relationship. For specific legal questions or to take court action, consult a licensed Delaware attorney who handles probate, estate, or consumer-fraud matters.