Detailed Answer — How to respond if the administrator closed a joint bank account without notifying heirs (Maryland)
Short summary: If an administrator (personal representative) closed your late father’s joint bank account without telling heirs, you can demand records, ask the bank what happened, and ask the probate court to require an accounting, freeze or recover funds, and possibly remove the administrator for breach of fiduciary duty. Act quickly: evidence and bank records are time-sensitive.
1. Identify the legal status of the account
Not all “joint” accounts work the same. Common categories are:
- Joint tenancy with right of survivorship: when one owner dies, the surviving joint owner becomes the sole owner immediately.
- Convenience or agency account: one owner intended only to let another person pay bills, not to give ownership rights.
- Payable-on-death (POD)/Totten trust: funds pass to a named beneficiary on death, outside probate.
The bank’s signature card and account contract usually control how the bank treats the account at the owner’s death. If the account was truly survivorship-style, a surviving joint owner generally has a direct right to the funds; if it was an account of the decedent alone or part of the estate, the personal representative may have authority to close or move funds as part of estate administration.
2. Immediate practical steps to take now
- Get written information from the bank: Ask the bank for the account agreement, signature card, all transactions since the date of death, the reason they closed the account, and to whom or where the funds were transferred. Request these in writing and keep copies.
- Demand an accounting from the administrator: Personal representatives must account for estate property. Send a written demand (certified mail) asking for a full accounting and copies of any checks, transfers, or disbursements related to the account.
- Preserve evidence: Save emails, letters, bank notices, and any communications with the administrator. Note dates, times, and who you spoke with.
- Contact the probate court clerk: Ask whether letters of administration or letters testamentary were issued and whether the estate is open in the local Orphans’ Court or probate division. The Maryland Courts probate pages explain the local process: https://www.mdcourts.gov/probate/personalrepresentatives
- Ask the bank to freeze transfers (if appropriate): If you have reason to believe assets were diverted improperly, ask the bank whether they can temporarily freeze funds or reverse transfers. Banks may require a court order or instruction from the personal representative.
3. Legal remedies in Maryland probate court
If informal requests fail, you can ask the probate court (Orphans’ Court or the circuit court sitting as the probate court, depending on county) for relief. Common filings and remedies include:
- Petition for an accounting: Ask the court to require the administrator to produce a formal accounting showing all receipts, disbursements, and the current status of estate funds.
- Citation for a show cause/temporary restraining order or injunction: Request that the court temporarily freeze disputed assets or transactions while the court reviews the matter.
- Petition for removal or suspension of the personal representative: If the administrator misapplied funds or breached fiduciary duties, you may ask the court to remove or suspend them.
- Surcharge or restitution: If the administrator misused estate funds, the court can order them to repay the estate for losses.
The Maryland Courts provides probate information and county-specific contacts here: https://www.mdcourts.gov/legalhelp/probate
4. Fiduciary duties and relevant Maryland law
A personal representative in Maryland owes duties of loyalty, care, and full disclosure to heirs and beneficiaries. Those duties include preserving estate assets and providing information to interested parties. You can read Maryland’s Estates & Trusts provisions for administration and fiduciary duties through the Maryland General Assembly’s statute pages: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est
5. When to involve other authorities
- Criminal conduct: If you have evidence the administrator intentionally stole funds, you can report suspected theft or financial exploitation to local law enforcement or the state’s attorney.
- Bank complaints and fraud units: If a bank employee aided improper transfers, you may complain to the bank’s fraud unit and escalate to the bank’s ombudsman or, if needed, the Maryland Commissioner of Financial Regulation: https://banking.maryland.gov
6. Possible outcomes
The court can order a formal accounting, require return of misapplied funds, award damages or a surcharge, remove the administrator, and grant injunctive relief to protect estate assets. Criminal referrals may occur if the conduct crosses into theft or embezzlement.
7. Timing and statute of limitations
Time matters. Preserve documents and act quickly to seek temporary relief if assets are being dissipated. Civil claims tied to estate administration have specific timelines; the probate court will enforce procedures and deadlines.
Helpful Maryland resources:
- Maryland Courts — Probate & Personal Representatives: https://www.mdcourts.gov/probate/personalrepresentatives
- Maryland Courts — Probate information and forms: https://www.mdcourts.gov/legalhelp/probate
- Maryland General Assembly — Estates & Trusts statutes: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est
Helpful Hints
- Ask for the bank’s written explanation and transaction history immediately; banks keep records but they can be harder to recover over time.
- Make all requests to the administrator in writing and send by certified mail or email so you have proof of delivery.
- Keep a contemporaneous log of phone calls: who you spoke to, when, and what was said.
- Contact the probate court clerk in the county where the decedent lived to learn the estate case number and what filings are on record.
- Consider a limited, targeted court filing (petition for accounting or temporary relief) rather than litigation right away; probate judges can often resolve these disputes efficiently.
- If you think criminal conduct occurred, preserve copies of records and contact the local police or State’s Attorney’s Office for guidance on criminal reporting.
- Get legal help early if the administrator refuses to cooperate—probate counsel can prepare and file the correct motions and ensure deadlines are met.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. I am not a lawyer. For advice specific to your situation, consult a Maryland probate or estate attorney.