Detailed Answer

Overview: If an administrator closed your deceased father’s joint bank account without notifying heirs, Louisiana law gives heirs several procedural and equitable tools to challenge that action. The path you take depends on whether the account was truly a survivorship/joint account, whether a succession (probate) has been opened, and whether the administrator was court-appointed or acting privately. Below are clear, practical steps, legal bases, and remedies under Louisiana law.

1. Identify what kind of account and who has authority

Not all accounts titled in two names work the same way in Louisiana. Common possibilities:

• Joint account with right of survivorship: surviving co-owner generally becomes sole owner on death of the other.
• Convenience/agency account: one person is allowed to access funds for the benefit of the depositor but does not own the funds on the depositor’s death.
• Payable-on-death (POD) or beneficiary designation: funds pass to the named beneficiary, not by succession.

Ask the bank for the account agreement and any forms signed at account opening. Those documents often control whether the surviving joint owner gets the money automatically.

2. Check whether a succession has been opened and who is the administrator

In Louisiana, succession proceedings (probate) typically determine heirs and oversee distribution of estate property that does not pass outside succession (for example, by survivorship). If someone is acting as a court-appointed administrator, there should be a court file in the parish where your father lived. Ask the parish clerk of court whether a succession docket exists and request copies of the petition and any orders appointing the administrator.

Search Louisiana statutes and court rules governing successions and the duties of administrators at the Louisiana Legislature website: https://www.legis.la.gov (look under the Code of Civil Procedure and Civil Code sections on successions).

3. Immediate remedies if money is at risk

1. Demand an immediate accounting and written explanation from the administrator and the bank. Put your demand in writing and keep proof of delivery.
2. If funds have been removed from the estate improperly, ask the succession court to freeze the account or order the bank to preserve funds. You can file a motion in the succession matter requesting a preliminary injunction or rule to show cause.
3. Ask the bank for records: signature cards, deposit/withdrawal history, electronic records, and any “right of survivorship” or POD forms.

4. How to challenge the administrator in succession court

Common actions heirs use in Louisiana:

• Motion for accounting / rule to show cause: ask the judge to require the administrator to produce a full inventory and an accounting of what was done with estate funds. Courts expect administrators to list and safeguard estate assets.
• Motion to annul acts of administrator: if the administrator acted outside his/her authority (for example, converting estate assets for personal use or distributing without court permission), you can ask the court to nullify those acts and restore funds to the estate.
• Petition for damages (conversion, breach of fiduciary duty): if funds were taken unlawfully, heirs may sue the administrator for conversion or breach of fiduciary duty and seek money damages and court costs.
• Request removal of administrator: if the administrator mismanaged or misappropriated funds, heirs can petition the court to remove and replace that administrator.

The succession court has broad equitable powers to remedy improper handling of estate assets. The procedure starts with filing the appropriate motion or exception in the succession case where the administrator was appointed.

5. Dealing with the bank

1. Serve the bank with a copy of any court motion or temporary restraining order asking it to hold funds.
2. Demand bank records in writing. Louisiana banks often have specific internal procedures and policies about joint accounts and survivorship claims—obtain those policies if possible.
3. If the bank released funds after a court order or in violation of a freeze request, that may create liability for the bank as well.

6. When a criminal referral may be needed

If the administrator intentionally stole or embezzled estate funds, heirs can report the conduct to local law enforcement or the district attorney’s office. Criminal investigation can proceed alongside civil claims in succession court.

7. Typical timeline and what to expect

How long this takes depends on whether you need emergency relief. Emergency motions (to freeze funds or compel an immediate accounting) can be heard quickly if you can show a risk of dissipation. Full trials on removal or damages usually take months. Collect and preserve evidence early: bank records, account agreements, letters from the administrator, and any receipts showing withdrawals.

8. Documents and evidence to gather now

• Death certificate
• Account statements and transaction history
• Copies of checks, withdrawal slips, wire transfer receipts
• Account signature card and account agreement
• Any letters, emails, or texts from the administrator
• Court papers showing appointment of administrator (if any)

9. Practical steps to take right away

1. Ask the parish clerk of court whether a succession has been opened and get the file number.
2. Send a written demand for an accounting to the administrator and the bank; keep certified-mail receipts.
3. If the administrator is court-appointed and funds were removed, consult an attorney about filing an emergency motion in the succession court to freeze funds and compel an accounting.
4. Consider contacting local law enforcement or the district attorney if you have evidence of theft or embezzlement.

10. Where to find Louisiana law and local help

Look up the Louisiana Code of Civil Procedure and Civil Code provisions on successions and administrators at the Louisiana Legislature website: https://www.legis.la.gov. The site lets you search for the succession provisions and the statutes governing estate administration and fiduciary duties.

If you need representation, look for attorneys who handle successions/probate and estate litigation in Louisiana. The Louisiana State Bar Association can provide lawyer referral resources.

Helpful Hints

• Keep all communications in writing and keep copies. Written notices and receipts help courts evaluate claims.
• Document timing: precisely when the account was closed, when funds moved, and who had access.
• Act quickly if funds are missing. Emergency court orders are available to freeze assets at risk of dissipation.
• Don’t assume “joint” always means automatic survivorship—verify the account contract and bank policy.
• If an administrator claims authority, ask to see the court order that appointed them. Court-appointed administrators have specific duties and reporting requirements.
• Consider both civil and criminal remedies: civil to recover funds and criminal if theft occurred.
• When in doubt, consult a Louisiana succession/estate attorney early—timely filings and evidence preservation are critical.