How Illinois Probate Handles Unauthorized Charges to a Parent’s Estate

Quick answer: In Illinois, unauthorized charges to a parent’s accounts or estate are treated as improper transfers or conversion. The personal representative (executor/administrator) must identify and protect estate assets, evaluate and pay valid creditor claims, and can pursue recovery from the person who took the funds. If a fiduciary (an agent under a power of attorney, guardian, or the personal representative) caused the loss, the court can remove or surcharge that person and order repayment. Criminal charges may also apply.

Detailed answer: how the probate process addresses unauthorized charges

1. Who manages the estate and discovers the charges

When a person dies, the court appoints a personal representative (PR). The PR’s duties include locating assets, preserving them, paying debts and taxes, and distributing what remains to heirs. The PR must review account statements, tax returns, and bills to spot unauthorized withdrawals or charges and include suspected losses in the estate inventory.

2. Types of unauthorized charges and when they occur

Charges made while the parent was alive by a purported agent under a power of attorney who exceeded authority or acted dishonestly.
Charges made by a caregiver, family member, or third party who accessed accounts without permission.
Charges made after death (for example, someone continuing to use a debit/credit card or paying themselves from the decedent’s accounts).

3. Immediate steps the personal representative should take

Secure assets and freeze or change account access where possible.
Gather bank, credit card, and billing records to identify and document every unauthorized charge.
Notify banks and card companies of the death and dispute post-death charges.
Include suspected losses in the estate inventory filed with the probate court.

4. Creditor claims process and contested claims

The PR will publish or mail notice to creditors as required and accept or reject claims against the estate. Valid creditor claims get paid from estate assets in the priority order set by law. If an unauthorized charge represents a claim by a creditor (for example, a vendor claims the decedent owed money), the PR evaluates documentation and may contest it. See the Illinois Probate Act for the general probate framework: Probate Act of 1975 (755 ILCS 5/).

5. Recovering unauthorized charges from third parties

If the PR identifies unauthorized withdrawals or transfers, the estate can pursue civil remedies to recover the funds. Common causes of action include conversion, unjust enrichment, breach of fiduciary duty, and replevin (recovery of specific property). The PR sues the person who took the funds on behalf of the estate. If recovery is successful, those amounts are added back to estate assets and used to pay claims or distribute to heirs.

6. When a fiduciary (agent, guardian, or PR) is responsible

Agents under a power of attorney, guardians, and personal representatives owe duties to act in the principal’s or estate’s best interests. If they misuse funds, the court can:

Remove or replace them;
Require them to repay misused funds (a “surcharge” or accounting recovery); and
Order payment of interest or attorney fees in some circumstances.

For issues involving powers of attorney, see the Illinois Power of Attorney Act: Illinois Power of Attorney Act (755 ILCS 45/).

7. Criminal remedies

Certain improper uses of a deceased person’s account or the exploitation of an elderly person may also be criminal—such as theft or financial exploitation. The PR or heirs can report suspected crimes to local law enforcement or the state’s attorney. Criminal prosecution is separate from the probate court’s civil remedies.

8. Timing and statute of limitations

The estate has practical and legal timelines. The PR should act promptly to preserve claims. Some statutes of limitation—how long a lawsuit can be brought—run from discovery of the wrongful conduct or from the date of death. A probate creditor-claims process may bar certain claims if they are not filed in the required period. Consult counsel quickly to avoid losing rights.

9. Typical outcomes

Small unauthorized charges may be resolved by banks refunding post-death transactions when presented with documentation.
Large unauthorized transfers often lead to a civil suit and a court-ordered repayment to the estate.
When a fiduciary abused power, the court may remove them, require an accounting, and order repayment plus interest and costs.

Practical example (hypothetical)

Suppose an elderly parent’s caregiver used the parent’s debit card for personal purchases after the parent died and before the bank was notified. The personal representative discovers the transactions when compiling the estate inventory. The PR freezes the account, disputes post-death transactions with the bank, documents the unauthorized charges, files a petition in probate court seeking recovery, and asks the court to surcharge the caregiver if the caregiver had a fiduciary role. If the charges are large or clearly criminal, the PR also refers the matter to the state’s attorney.

Helpful Hints

Preserve evidence: keep bank statements, receipts, emails, text messages, and a timeline of suspected unauthorized activity.
Notify financial institutions and creditors as soon as you learn of the death.
Ask the probate court clerk about required filings and forms; courts can have local rules for inventories and accountings.
If someone acted under a power of attorney, get a copy of the document and check whether it authorized the challenged transactions.
Act quickly: prompt action preserves both civil and criminal options and prevents dissipation of assets.
Keep communications in writing and request written responses from banks and the fiduciary alleged to have taken funds.
Consider a temporary restraining order or emergency motion if estate assets are being depleted.

Where to find Illinois law and help

Primary Illinois statutes and resources:

Probate Act of 1975 (governs probate procedure and fiduciary duties): 755 ILCS 5/ (Probate Act).
Power of Attorney Act (rules for agents acting under POAs): 755 ILCS 45/ (Power of Attorney Act).
Illinois Courts general site (for local probate court contacts and forms): Illinois Courts.

Next steps and getting legal help

If you suspect unauthorized charges to a parent’s estate, document everything and contact the personal representative or the probate court. Because deadlines and legal remedies can be complex, consult a probate or elder law attorney in Illinois promptly. An attorney can help preserve claims, file necessary petitions, and pursue civil recovery or request criminal referrals if needed.

Disclaimer: This article is for educational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Illinois attorney.