Indiana: Regaining Control of a Deceased Parent's Bank and Credit Card Accounts

Short answer

If a person is using a deceased parent’s accounts after death, act quickly: secure documentation of the death, notify the bank and credit-card companies, contact the local probate court to start estate administration (or use a small‑estate procedure if available), and report unauthorized use to local law enforcement and the card issuers. In Indiana, control of accounts normally passes to the person lawfully appointed by the probate court (the personal representative), and banks will require court-issued authority or other legal proof before releasing funds. See Indiana’s statutes on estates and criminal offenses for unauthorized use of property below.

Detailed answer — step-by-step

1) Gather immediate documents

• Obtain several certified copies of the death certificate from the funeral home or the county health department.
• Collect any known account numbers, recent statements, credit‑card bills, and the parent’s will or trust (if one exists).

2) Contact the bank(s) and credit card companies

• Call each bank and card issuer, report the account owner’s death, and ask them to freeze or close the accounts to stop further use. Provide the death certificate and your relationship to the decedent.
• If someone else has physical cards or checks, ask the institution to cancel those cards and reissue statements to the estate/personal representative.

3) Report suspected unauthorized use or fraud

• If the other person is using accounts without authority, contact the local police and file a report for theft, fraud, or forgery. In Indiana, theft and related offenses are governed by the criminal code; reporting creates an official record and may be necessary for banks, card companies, and later civil claims. See Indiana Code Title 35 for criminal provisions: https://iga.in.gov/legislative/laws/2024/ic/titles/035
• Provide the bank and card issuer with the police report number when you contact them.

4) Open a probate case or use a small‑estate option

• To get legal control of the decedent’s financial accounts you usually must be the person appointed by the probate court (the personal representative). File a petition for administration in the probate court in the county where the parent lived. The court issues letters of administration or letters testamentary that banks accept as authority to manage accounts and pay legitimate debts. See Indiana’s probate resources: https://www.in.gov/judiciary/probate/ and the Indiana Code on estates: https://iga.in.gov/legislative/laws/2024/ic/titles/029
• If the estate is small, some banks will release funds on a death certificate and an affidavit. Ask the bank whether it accepts a small‑claims or affidavit process before you file for full probate. Requirements vary by institution and by county.

5) Use letters from the court to regain control and unwind improper use

• Once appointed, the personal representative can present court-issued letters to the bank and demand account turnover, reconcile balances, and identify unauthorized transactions.
• The estate may have claims against the person who misused funds; the personal representative can pursue those in civil court and can present evidence of theft to prosecutors.

6) Notify credit reporting agencies and monitor credit

• Alert the three major credit bureaus (Experian, Equifax, TransUnion) that the account holder is deceased and ask for a “deceased” or fraud flag. Place a fraud alert on accounts if identity theft happened.
• Monitor credit‑card accounts for new accounts opened in the decedent’s name and work with issuers to close unauthorized accounts.

7) Preserve evidence

• Save bank statements, screenshots, copies of canceled checks, card receipts, texts or emails indicating misuse, and the police report. Those documents support criminal charges and civil recovery efforts.

8) When to hire an attorney

• Hire an Indiana probate or consumer‑fraud attorney if: a) the other person refuses to turn over funds after court orders, b) the estate has significant assets or complex creditors, c) you suspect large‑scale theft, or d) you need help filing the probate case and pursuing claims against the person who used the accounts.
• An attorney can file emergency motions with the probate court (for example, to freeze assets) and can coordinate with prosecutors if criminal conduct occurred.

Legal authorities to consult

Indiana’s estate and probate laws govern appointing a personal representative and distributing estate property. See Indiana Code, Title 29 (Estates and Protected Persons): https://iga.in.gov/legislative/laws/2024/ic/titles/029. Indiana’s criminal statutes cover theft, forgery, and fraud; those are in Title 35: https://iga.in.gov/legislative/laws/2024/ic/titles/035. For practical probate filing information, see the Indiana Judicial Branch probate page: https://www.in.gov/judiciary/probate/.

Common scenarios and how they play out

Scenario A — quick bank cooperation

If the bank accepts the death certificate and you have the will naming an executor, the bank may freeze or transfer accounts to the executor after the probate court issues letters. This is the fastest path to lawful control.

Scenario B — someone is actively using cards

If an unauthorized family member or other person is using cards, the bank can often close the accounts immediately, but recovering spent money will likely require a police report and a civil claim by the estate. The probate process provides the legal authority to pursue recovery.

Scenario C — no will and dispute over control

If there’s no will and multiple family members claim access, the probate court appoints an administrator under Indiana intestacy rules. The appointed personal representative controls accounts; disagreements are resolved in probate court.

Helpful hints

• Act immediately. Quick reporting limits further loss and strengthens law‑enforcement or civil claims.
• Get multiple certified death certificates early; banks and government agencies usually require originals or certified copies.
• Don’t let family disputes delay contacting the bank or police. Banks will take steps to safeguard assets while the probate process proceeds.
• Ask banks for their procedures in writing. Some banks have specific forms for estate claims or small‑estate releases.
• Keep a written log of every call—time, person you spoke with, and what they said. This helps if a dispute reaches court.
• If you find evidence that someone forged signatures, used checks, or opened credit in the decedent’s name, preserve that evidence and give it to police and the personal representative immediately.
• Consider freezing credit files for the decedent’s Social Security number through the credit bureaus if identity theft is suspected.