Illinois: Challenging an Administrator Who Closed a Joint Bank Account

Detailed answer: key legal principles and steps in Illinois

1) Who owns the money? Understand the account type

Illinois treats joint bank accounts differently depending on how the account was titled and whether the parties intended a right of survivorship. Common possibilities:

• Joint account with right of survivorship — the surviving joint owner generally becomes sole owner automatically at death; the funds do not pass through probate.
• Tenants in common / convenience account — in some cases, the decedent’s share may be part of the probate estate if the account was not intended to create survivorship.
• Payable-on-death (POD) or beneficiary designation — funds pass to the named beneficiary outside probate.

To decide whether the administrator had authority to take or distribute the funds, you must determine how the bank account was titled and what the bank’s records (signature card, account agreement) say about ownership or survivorship.

2) Illinois law and the probate context

The Illinois Probate Act governs the duties and powers of personal representatives and the court’s oversight of estate administration. When a personal representative acts improperly or without authority, interested persons can ask the probate court to review those actions and, if needed, reverse them or require accounting. See the Illinois Probate Act (755 ILCS 5) for the statute that governs probate administration: 755 ILCS 5 (Probate Act of 1975).

3) Immediate practical steps to take

1. Obtain written confirmation from the bank about what happened. Request copies of the account signature card, account agreement, transaction history, and any paperwork the administrator presented to the bank.
2. Preserve evidence. Keep original or copies of statements, emails, letters, and any communications with the administrator or bank.
3. Ask the bank in writing whether the account was payable on death, had survivorship rights, or was placed into the estate. Request a written explanation for why the bank permitted the administrator to close or withdraw funds.
4. Send a written demand to the administrator (and their attorney, if any) requesting an accounting and return of funds if you believe the account did not belong to the estate.
5. If you believe funds are being dissipated or improperly moved, consider asking the probate court for an emergency order (temporary restraining order or injunction) to preserve assets. Time matters.

4) Court remedies in Illinois probate court

If informal steps do not resolve the problem, the probate court provides remedies. Common probate actions include:

• Petition for an accounting: Ask the court to require the personal representative to produce a full accounting of estate-related transactions and explain why the account was closed or funds distributed.
• Objection to administration / petition for turnover of property: If the account should not have been part of the estate, petition the court to order funds returned to the rightful owner(s).
• Petition for surcharge or removal: If the administrator acted in bad faith or breached duties, the court can surcharge (order repayment) or remove the administrator.
• Claim outside probate: If you are a surviving joint tenant or named POD beneficiary and the bank refuses to honor that status, you may bring a civil action to quiet title or recover funds.

The Probate Act (755 ILCS 5) sets out administration procedures, the duties of personal representatives, and court powers. Review the Act and seek local probate court guidance for filing the proper petitions: 755 ILCS 5.

5) Who is an “interested person” and who can sue?

Typically, heirs, beneficiaries, creditors with proper standing, and surviving joint owners are considered interested persons who may file objections or petitions in probate court. If you are unsure whether you qualify, bring your documents to the probate clerk or consult an Illinois attorney for a quick review.

6) Timing and urgency

Act promptly. Probate matters often have short windows for objections, and banks may distribute funds quickly. If you suspect wrongful removal of funds, request an expedited hearing or emergency relief from the probate court.

7) Practical alternatives and consumer complaints

If the bank acted improperly or failed to follow its own rules, you can:

• File a complaint with the Illinois Department of Financial and Professional Regulation (IDFPR): https://www.idfpr.com/
• File a consumer complaint with the Illinois Attorney General: Illinois Attorney General – Consumer
• File a complaint with the Consumer Financial Protection Bureau (CFPB) if the bank is a national bank: https://www.consumerfinance.gov/complaint/

8) When to hire an attorney

Consider hiring a probate or estate litigation attorney if:

• The administrator refuses to provide an accounting.
• Large sums are involved or funds appear dissipated.
• You need to file emergency motions in probate court.
• There are disputes about account ownership or beneficiary designation.

Helpful hints

• Immediately request the bank’s account file in writing and keep copies of everything you send and receive.
• Look at the account signature card and any beneficiary or POD language — that often decides whether funds avoid probate.
• Keep a clear chain of communication. Send certified mail or email read receipts for important demands.
• Document dates and amounts of withdrawals or transfers and identify who signed or authorized each transaction.
• Contact the probate court clerk to learn required forms and timelines in the county where the estate is being administered.
• If possible, obtain a copy of the Letters of Office or Letters of Administration issued to the administrator to confirm the scope of their authority.
• If funds were transferred to another institution, ask both banks for transaction traces (wires, ACH, checks) and images of checks.
• Be mindful that banks often follow internal policies; a bank may require a court order to reverse a distribution even if it was improper.