Detailed answer — how this works under Kentucky law

When someone dies, most assets held in the decedent’s individual name become estate property. Until the court appoints a personal representative (administrator or executor), no one usually has full legal authority to spend estate funds except as permitted by law or by court order. Kentucky probate and estate administration rules and procedures govern who may control estate assets and how.

Practical and legal points you should know:

• Bank account status: If the bank account was solely in the parent’s name and not a payable-on-death (POD) account or joint account with survivorship, it generally becomes part of the estate. The bank should restrict access on notice of death, but some banks allow account holders with prior access (checks, debit cards, online credentials) to continue withdrawing until the bank receives a death certificate or a court order.
• Authorized vs. unauthorized payments: Making mortgage payments from estate funds might protect the estate from foreclosure and could be reasonable if done in the estate’s best interest. But a person who withdraws funds without court appointment or beneficiary authorization risks being accused of conversion, waste, or taking estate assets improperly. The probate court can later require an accounting and surcharge (monetary recovery) against someone who misused estate assets.
• Emergency and temporary relief: Kentucky law and court procedures let interested persons ask the probate court for immediate measures to preserve assets. That can include petitioning for the appointment of a temporary or special administrator or asking the court to freeze the account or issue an order limiting withdrawals until a full appointment hearing occurs. These emergency steps are especially appropriate if you suspect misuse, rapid depletion of funds, or threatened foreclosure that needs a quick solution.
• Who can file: Typically an interested person—an heir, beneficiary, creditor, or spouse—can file a petition in the county probate court to open administration or to seek emergency relief. If you are an heir or creditor, you have standing to ask the court to intervene and protect estate assets.
• After appointment — accounting and remedies: Once a personal representative is appointed, the court requires inventories, notices to creditors, and periodic accounting. If the court finds the sibling withdrew funds without authority or for personal benefit, the court can order repayment, surcharge the sibling for losses, or remove them from any court role. Civil claims for conversion or unjust enrichment may also be available.
• Bank cooperation: Banks often follow their own policies. They may refuse further withdrawals on receipt of a death certificate or a copy of a petition for administration, or they may require letters testamentary/administration before allowing continued access. Promptly contacting the bank and informing it of the situation may help preserve funds while you seek court action.
• Balance of equities on mortgage payments: If the mortgage is current and payments from the decedent’s account are keeping property from foreclosure, a court may view payments favorably if they preserve estate value. But even beneficial actions can require court approval or later justification to avoid personal liability for the person who made withdrawals.

For Kentucky’s probate statutes and rules governing administration and fiduciary duties, see the Kentucky Revised Statutes and the Kentucky Court of Justice probate resources. You can review relevant statutory material at the Kentucky Legislature’s statutes site: https://apps.legislature.ky.gov/statutes/ and the chapter on decedents’ estates: https://apps.legislature.ky.gov/statutes/chapter/395. For court forms and local probate procedures, see the Kentucky Court of Justice: https://courts.ky.gov/.

Step-by-step actions you can take right now

1. Collect documentation. Get the death certificate, recent bank statements showing the withdrawals, mortgage statements, and any communications (texts, emails, letters) about the payments.
2. Contact the bank. Inform the bank the account owner died and ask whether the account is POD, joint, or otherwise restricted. Ask the bank to preserve records of recent withdrawals and to temporarily freeze the account (if appropriate). The bank may require a death certificate.
3. Talk to your sibling (carefully). If safe and reasonable, ask why they used the account and whether they kept records. If they used funds to preserve the property, they may be willing to account for those payments.
4. File in probate court. As an interested person, file a petition to open administration or to appoint a temporary/special administrator if estate assets are at risk. Ask the court for emergency preservation orders if funds are being depleted.
5. Request an accounting and inventory. Once a personal representative is appointed, the court can require inventories of estate assets and an accounting of payments made and received.
6. Consider a demand letter or mediation. Before costly litigation, a formal demand to return funds or to document the withdrawals may prompt a reasonable resolution.
7. Hire a probate attorney if needed. Probate litigation and petitions for emergency relief move faster and more effectively with counsel who knows local court practice.

What the court will consider

The probate judge will weigh whether the account-holder’s withdrawals protected estate property (for example, by avoiding foreclosure) or whether the withdrawals amounted to self-dealing and improper use. The judge will consider the size of withdrawals, the availability of other funds, whether the person had any legal authorization, and whether other heirs or creditors are harmed.

If the court finds improper use, it can order repayment, impose a surcharge, remove the person from any fiduciary role, or authorize other remedies. If the withdrawals were reasonable and in the estate’s interest, the court may approve or ratify them after review.

Possible outcomes

• Frozen account and appointment of a neutral temporary administrator to safeguard funds.
• Order requiring the sibling to produce bank records and an accounting of withdrawals.
• Court-ordered repayment or surcharge if the withdrawals were improper.
• Approval or ratification of the payments if the court finds they preserved estate value and were reasonable.
• Civil claims against the sibling for conversion or unjust enrichment, if appropriate.

Helpful hints

• Act quickly. Probate courts can appoint temporary administrators and issue emergency orders to stop asset depletion.
• Preserve evidence. Save statements, copies of checks, screenshots of online transfers, and written communications.
• Know standing. Heirs and creditors have the legal right to ask the court to open administration and protect estate assets.
• Talk to the mortgage lender. If foreclosure is imminent, the lender may accept an interim arrangement that protects the estate while the court acts.
• Document any good-faith payments your sibling made that benefited the estate—those may be allowed or credited against any repayment obligation.
• Expect costs and timing. Probate filings, hearings, and possible litigation can take weeks or months; emergency motions can be faster but still require court time and filing fees.
• Consult a probate attorney in the county where the parent lived. Local practice and docket procedures matter. A lawyer can file the right emergency motions and help negotiate a practical solution.