Quick answer

If someone made unauthorized withdrawals, charges, or took property from your deceased parent’s estate, the probate process gives interested persons ways to identify, challenge, and remedy those acts. The personal representative must inventory assets, notify creditors, and produce an accounting. If charges were improper, beneficiaries can object in probate court, ask for a surcharge or removal of the fiduciary, and pursue civil claims (conversion, breach of fiduciary duty, unjust enrichment) or criminal reporting. Kansas probate and court procedures control timing and the available remedies; see the Kansas Probate Code (Chapter 59) for the governing rules.

Detailed answer — how the probate process identifies and fixes improper charges

1. The personal representative’s duties and initial estate accounting

When a person dies, the personal representative (executor or administrator) must gather the decedent’s assets, pay valid debts, and distribute what remains to heirs or beneficiaries. The representative must file documents with the probate court, create an inventory of estate property, and provide notice to creditors and potential heirs. These steps create records that reveal any withdrawals or charges made after death or inappropriate reductions in estate value. For the statutory framework, see Kansas Probate Code (Chapter 59): K.S.A. Chapter 59 and the Kansas Judicial Branch site: kscourts.org.

2. How unauthorized charges show up

Unauthorized charges commonly appear as:

• bank withdrawals from accounts owned by the decedent after death;
• credit-card charges, utility or subscription payments made without authority;
• improper loans to relatives or friends charged to the estate;
• payments to a fiduciary for unauthorized fees or expenses; or
• transfer of property that was part of the estate.

These items surface in the inventory, bank statements, billing records, and the personal representative’s accounting.

3. Formal steps to challenge improper charges in probate

Common actions beneficiaries or interested persons take in Kansas probate:

1. Request the estate inventory and accounting. The accounting should list receipts, disbursements, and distributions. The court typically reviews these documents. If you do not get them voluntarily, you can file a formal request with the probate court.
2. File a written objection to the accounting or to specific disbursements. Objections force a court hearing and require the personal representative to justify the challenged charges.
3. Ask the court to surcharge the representative. A surcharge is a court-ordered money judgment against a personal representative for losses caused by wrongful acts, negligence, or unauthorized transactions.
4. Seek removal of the personal representative. If the fiduciary breached duties or mismanaged assets, the court can replace that person with another representative.
5. Ask for an interim injunction or freeze on distributions. If improper charges are suspected, beneficiaries can ask the court to suspend further distributions while the issue is resolved.

All of these steps are handled through the probate court where the estate is open. Relevant procedure and fiduciary duties are in the Kansas Probate Code, Chapter 59: https://www.ksrevisor.org/statutes/chapter/59/.

4. Civil and criminal remedies outside the probate docket

If the probate remedies do not fully compensate or if the conduct is egregious, you can also consider:

• Civil claims against the individual who made the unauthorized charges — e.g., conversion, breach of fiduciary duty, or unjust enrichment. Courts can order repayment, interest, and sometimes punitive damages depending on the facts.
• Filing a police report or alerting prosecutors if the conduct appears criminal. Theft, fraud, or exploitation of an elder or a vulnerable adult can lead to criminal charges under Kansas law.

5. Timing and procedural limits

Kansas has deadlines for creditor claims, and the probate court sets deadlines for accounting objections and other estate petitions. These windows are important. If you delay, you may lose the right to object or to recover certain items. To find the exact deadlines and how they apply, consult the Kansas Probate Code (Chapter 59) and speak with a probate attorney or the court clerk: K.S.A. Chapter 59 and https://www.kscourts.org/.

6. Burden of proof and what the court will look for

Generally, the court expects the personal representative to account for receipts and disbursements and to show that all payments were proper estate business. If charges are labeled as “estate expenses” the representative must show they were reasonable and authorized by law or will. Courts look at documentation: bank statements, receipts, canceled checks, contracts, and communications that show authority.

7. Typical outcomes

Depending on the evidence and the severity of the conduct, outcomes can include:

• court-ordered repayment (surcharge) to the estate;
• replacement or removal of the personal representative;
• reversal of improper transfers or rescission where possible;
• civil judgments against wrongdoers; and/or
• criminal prosecution if statutes were violated.

Helpful hints

• Get the estate file number and county of probate. That lets you view filings and deadlines at the courthouse.
• Request a copy of the inventory, the petition for appointment, the personal representative’s bond (if any), and the accounting. Do this in writing and keep copies.
• Collect evidence: bank statements, credit-card records, bills, and communications that show unauthorized charges.
• Act fast. Probate and creditor deadlines can bar later claims or objections.
• Consider contacting the probate court clerk for basic procedural questions (not legal advice). The Kansas Judicial Branch site is at https://www.kscourts.org/.
• If the suspected conduct involves elder exploitation or a vulnerable adult, report it to local law enforcement and adult protective services in Kansas.
• Talk to a Kansas probate attorney early. An attorney can file objections, seek a surcharge, and coordinate civil or criminal referrals if needed.
• Keep communications civil and document every contact with the personal representative and third parties.