Challenging a Sibling’s Use of a Deceased Parent’s Bank Account in Georgia

Short answer: Yes — you can challenge a sibling’s use of a deceased parent’s bank account even before the sibling is formally appointed as administrator, but the available remedies and the quickest path depend on how the bank, the sibling, and the probate court respond. Under Georgia law, a decedent’s assets generally become estate property and access is controlled by the probate process. If someone is using estate funds without authority, you may have civil and sometimes criminal remedies, and the probate court can act quickly to protect estate assets.

Why you can challenge the use

When a person dies, the decedent’s assets do not automatically become any one heir’s personal property. Instead, those assets are part of the decedent’s estate. Banks normally freeze consumer accounts on notice of death and will only release funds to someone who can show authority — typically the executor named in a will or a court-appointed administrator (letters of administration). If a sibling removes or spends money from the account without authority, that conduct can be:

• an unauthorized taking or conversion of estate property;
• a wrongful breach of a fiduciary obligation if the sibling claims to be acting as a representative; and
• basis for a probate-court petition to protect estate assets, seek an accounting, or seek appointment of a neutral administrator or temporary custodian.

Immediate practical steps you can take in Georgia

1. Contact the bank in writing right away. Tell the bank the parent has died and that you dispute the sibling’s withdrawals. Request the bank freeze the account pending probate or production of letters. Many banks will freeze accounts to avoid liability. Keep written proof of your communications.
2. Gather basic documents and evidence. Prepare the death certificate, any copy of a will (if known), account statements showing withdrawals, communications from the sibling, and documentation of who paid the mortgage and when. Clear, dated evidence of withdrawals and a record of communications will help in court.
3. File a petition in probate court. You (or any interested party) can petition the probate court in the county where your parent lived to be appointed administrator and ask the court for interim relief. Common requests include a temporary restraining order, interim (temporary) letters, or an order directing the sibling to stop using the account and to provide a written accounting.
4. Ask the court for protective relief over estate assets. Probates courts can issue emergency orders to preserve assets. If the sibling’s actions threaten the estate (for example, by paying nonessential expenses, removing funds, or diverting money), ask the court to appoint a temporary administrator or to order the sibling to place disputed funds into a safe account or escrow while the court decides who is entitled to them.
5. Demand an accounting and repayment. If the sibling claims authority (for instance, says they are acting as informal guardian or agent), demand a written accounting of all deposits and withdrawals and a return of any estate funds used improperly. If the sibling refuses, you can ask the probate court to compel an accounting and to require repayment or to impose other remedies.
6. Consider civil claims or criminal referrals. You may have civil claims for conversion, unjust enrichment, or breach of fiduciary duty. In serious cases — for example, clear theft of funds — you may also report the conduct to local law enforcement for possible criminal prosecution. A prosecutor decides whether to pursue criminal charges.

How the probate process affects timing

Probate is the formal process for handling a decedent’s estate. The court issues “letters” (letters testamentary if there is a will; letters of administration if not) to authorize someone to manage the estate. Until someone has letters, banks and third parties often lack confidence to release funds. However, probate courts can act before a full administration is complete. Georgia probate courts have authority to:

• issue temporary or emergency orders to protect assets,
• appoint an administrator or temporary custodian if needed to preserve estate property, and
• order accountings or freeze dispositions of specific assets while ownership is determined.

For general information about probate court procedures in Georgia, see the Georgia Courts website: https://georgiacourts.gov/. For the state statutes governing probate and decedent’s estates, consult the Official Code of Georgia via the Georgia General Assembly website: https://www.legis.ga.gov/.

What you should expect the court to consider

The probate court will weigh factors such as whether the sibling had any legal authority to use the funds (for example, was named in a will or held a power of attorney that survived death — note: most powers of attorney end at death), whether the payments benefited the estate (for instance, protecting property from foreclosure can preserve estate value), and whether the sibling’s actions were reasonable and properly documented. If the sibling’s withdrawals preserved the home (paid mortgage to avoid foreclosure), the court may allow credit for necessary expenses; if not, the court may order repayment.

When it may be reasonable to allow mortgage payments

If your sibling used the funds to pay the mortgage to prevent foreclosure, Georgia courts often consider whether that use preserved estate value. The sibling may be entitled to reimbursement from the estate for necessary expenditures if a court determines those payments were reasonable and in the interest of the estate. But the sibling should still account for the payments and seek court approval or a protective order whenever possible.

Helpful hints

• Act quickly. Probate courts can act fast to preserve assets. The longer estate funds are used without oversight, the harder recovery may be.
• Put all requests to the bank and the sibling in writing. Keep copies of letters and emails and record dates and amounts of withdrawals.
• Do not try to remove the sibling yourself or to access the account without legal authority — that can complicate court proceedings and create exposure for you.
• If the mortgage payments prevented foreclosure, gather evidence (bank statements, mortgage statements, notices of default). That will help show whether the payments preserved estate value and whether reimbursement is appropriate.
• Ask the probate court for interim relief (temporary administrator, injunction, or accounting) if the estate is at risk.
• Talk to an attorney experienced in Georgia probate and estate litigation. An attorney can file the correct petition in the proper county probate court and request emergency relief where appropriate.
• If you suspect theft, keep evidence and consider contacting local law enforcement after consulting a probate attorney. Criminal and civil remedies can proceed separately.