When a personal representative closes a decedent’s joint bank account without telling heirs: steps to protect inheritance (Massachusetts)

Disclaimer: I am not a lawyer. This article explains general Massachusetts law and common practical steps. It is educational only and not legal advice. For help that applies to your exact situation, consult a Massachusetts probate attorney.

Detailed Answer

If the person appointed to handle a loved one’s estate (often called a personal representative, executor, or administrator) closed a joint bank account after the account holder died and did not notify heirs, you can take several concrete steps under Massachusetts law. The correct approach depends on the account type, whether the representative had formal appointment from the Probate and Family Court, and what the representative did with the funds.

1. Identify the account type and ownership rights

Not all “joint” accounts work the same way. Two common forms are:

• Joint tenancy with right of survivorship: On the death of one owner, the surviving joint owner typically owns the account outright. Banks often treat those accounts as passing automatically to the survivor.
• Payable-on-death (POD) or other beneficiary designations: These skip probate and go directly to named beneficiaries when the owner dies.

Massachusetts law and bank practices determine whether the account belonged to the estate or passed immediately. You should get the account’s signature card and the bank’s written policy about survivorship or beneficiary designations.

2. Collect basic documents

• Death certificate for the decedent.
• Any account agreements, signature cards, beneficiary designations, or online statements showing account ownership terms.
• Communications from the bank or the personal representative about the account or its closure.

3. Ask the bank for an explanation and records

Contact the bank in writing. Request:

• A written explanation for why the account was closed.
• Copies of account-opening documents, signature cards, and any forms showing changes to ownership.
• A transaction history and records of where funds were disbursed after closure.

Banks must often preserve records and provide them to account owners, beneficiaries, or a court order. If the bank refuses, note the refusal in writing and keep copies.

4. Determine whether the person who closed the account had authority

A person acting as a personal representative only has legal authority after the Probate and Family Court issues an appointment (letters testamentary or letters of administration). If the administrator closed the account without court appointment or after appointment but without court approval of disbursements required by law, you may have a claim.

Massachusetts probate law governs the duties and powers of a personal representative. See Chapter 190B of the Massachusetts General Laws (Probate Code): M.G.L. c. 190B. The Probate and Family Court has authority to supervise personal representatives and to order accountings.

5. Seek an accounting from the personal representative or from the Probate Court

You can ask the personal representative to provide a formal accounting of estate assets and distributions. If the representative refuses, you can file a petition in the Probate and Family Court requesting:

• An order compelling a full accounting;
• Removal of the personal representative if they breached duties;
• Recovery (surcharge) for improper distributions or conversions of estate property.

Massachusetts Probate and Family Court handles these petitions. See the court’s information and local filing procedures: Probate and Family Court (Mass.gov).

6. Consider civil claims if funds were misused

If the account funds were taken or used for unauthorized personal benefit by the administrator, potential claims include breach of fiduciary duty, conversion, and other civil remedies. Those claims can be pursued in Probate Court or in Superior Court depending on the facts and remedies sought.

7. Preserve evidence and act promptly

Preserve account statements, emails, letters, and any written instructions. If funds are likely to be dissipated, you may need emergency court relief (for example, to freeze remaining estate assets).

8. Report possible criminal conduct

If you believe funds were stolen, you may want to consult both an attorney and local law enforcement or the District Attorney’s office. The DA reviews whether criminal charges are appropriate. Criminal referral does not replace civil remedies.

9. Use administrative routes: banking regulator and complaints

If the bank’s handling of the account violated its duties, you can file a complaint with the Massachusetts Division of Banks: Division of Banks (Mass.gov). That regulator reviews banking practices and may mediate or investigate.

10. Hire a probate attorney

An attorney can:

• Review documents to determine account ownership and legal claims;
• Draft demand letters and file Probate Court petitions (for accounting, surcharge, or removal);
• Coordinate any parallel civil or criminal reports;
• Advise on timing and statute-of-limitations issues.

To find a Massachusetts lawyer, use the Massachusetts Bar Association or Mass.gov resources: Find a lawyer (Mass.gov).

Helpful Hints

• Stay calm and document everything. Dates, names, phone calls, and copies of letters matter.
• Request written bank records promptly — banks sometimes retain documents only for a limited time.
• If the alleged administrator is already appointed by the court, file requests and petitions in Probate Court rather than handling the matter privately.
• Ask for an interim freeze of disputed funds if you can show a real risk that funds will be dissipated.
• Be clear about account type: survivorship accounts and POD-designated accounts often avoid probate; that affects who has rights to the money.
• Consider mediation first if the parties are open to it — it can be faster and cheaper than litigation.
• Act promptly — delays can make it harder to recover funds or to get effective court relief.
• Use the Division of Banks for complaints about bank procedures and record-keeping; use the Probate Court to enforce fiduciary duties and recover estate property.

Relevant resources

• Massachusetts General Laws, Chapter 190B (Probate Code): M.G.L. c. 190B
• Massachusetts Probate and Family Court: https://www.mass.gov/orgs/probate-and-family-court
• Massachusetts Division of Banks: https://www.mass.gov/orgs/division-of-banking
• Find a lawyer (Mass.gov): https://www.mass.gov/service-details/find-a-lawyer

If you want, provide the basic facts (whether the decedent named a will or a personal representative, whether there was a survivorship designation, dates, and whether you have appointment papers) and I can outline which court petitions or letters to request next.