How Probate in Mississippi Handles Unauthorized Charges to a Parent’s Estate

Short answer: If someone makes unauthorized charges against a parent’s estate (for example, using their bank card, transferring money, or charging expenses to the deceased’s account), those transactions become issues for the personal representative and the probate court to review. The personal representative should identify and try to recover improper withdrawals, reject improper creditor claims, and, if necessary, bring civil actions (conversion, breach of fiduciary duty, unjust enrichment) or refer the matter to criminal authorities. The probate court oversees accountings and can order recovery, surcharge, removal of a personal representative, or appointment of a successor.

Detailed answer — what happens under Mississippi law

This section explains the common steps and legal tools that apply in Mississippi probate when unauthorized charges or withdrawals affect a parent’s estate. This is educational information and not legal advice; consult a Mississippi probate attorney promptly to protect rights and deadlines.

1. Who handles estate money during probate?

The personal representative (also called executor or administrator) appointed by the probate court is legally responsible for safeguarding estate assets, paying valid debts, and distributing assets to heirs or beneficiaries. The representative must inventory assets, preserve them, and provide accountings to the court and interested parties.

2. Immediate steps when you discover unauthorized charges

• Preserve evidence. Save bank statements, account transaction histories, receipts, emails, text messages, and photos showing unauthorized charges or transfers.
• Notify the personal representative in writing and request a copy of the estate inventory and accountings.
• Contact the bank or financial institution to place holds, freeze accounts, and obtain a transaction history (banks often have procedures for disputing transactions or placing a temporary freeze when probate is opened).
• If the personal representative is the alleged wrongdoer, notify other heirs/beneficiaries and consider filing a petition with the probate court to remove or surcharge the representative.

3. What the personal representative should do in probate

• Include unauthorized withdrawals in the inventory and accounting. The PR must disclose transactions and explain why payments were made.
• Reject improper creditor claims. If a person claims the unauthorized charge is a valid debt, the PR can object and ask the court to disallow the claim.
• Seek recovery. The PR can sue in the probate court (or ask the circuit court) to recover funds taken unlawfully by a third party, by a former agent, or by a caretaker.
• Request surcharge and removal. If the PR mishandled funds, interested parties can petition the probate court to surcharge (hold the PR financially responsible) or remove the PR from office.

4. Civil claims commonly used to recover unauthorized charges

• Conversion — to recover property or funds wrongfully taken.
• Breach of fiduciary duty — when an agent, guardian, or PR improperly uses estate funds.
• Unjust enrichment or constructive trust — to disgorge benefits received by an unauthorized taker.
• Accounting and surcharge actions — to force a detailed accounting and monetary liability against a fiduciary who misapplied assets.

5. Criminal referrals and adult exploitation

Some unauthorized charges may also be criminal (theft, fraud, exploitation of an elderly or disabled person). The PR or heirs may refer the matter to local law enforcement or the county district attorney for criminal investigation. Reporting to Adult Protective Services or the Mississippi Department of Human Services may also be appropriate if exploitation or abuse of a vulnerable adult is suspected.

6. The probate court’s powers

The probate court can compel accountings, order restitution to the estate, remove or surcharge a personal representative, and resolve disputes about which debts are valid. The court’s supervision helps ensure estate assets are protected and properly distributed. For statute text and the Mississippi decedents’ estates code, see Mississippi Code Title 91 (Decedents’ Estates): https://www.legislature.ms.gov/ (search Title 91 – Decedents’ Estates).

7. Timing and creditor claims — act quickly

Probate deadlines and the statute of limitations for claims vary. Creditors typically must present claims within the timeframe set by the probate process or state law. If you wait too long, you may lose rights to challenge transactions or recover funds. Contact an attorney quickly to preserve claims and evidence.

Hypothetical example

Suppose a parent dies and an adult child uses the parent’s debit card after death to pay for personal items. The personal representative discovers the charges while preparing the inventory. Under the probate process, the PR should list the withdrawals, contact the bank to reverse unlawful charges if possible, notify heirs, and, if necessary, file a petition in probate court asking the court to require the child to return the funds (or to surcharge the PR if that person signed or permitted the transactions). If the child refuses, the PR or an interested heir can bring civil claims and also notify law enforcement for criminal investigation.

Helpful Hints — practical steps to protect the estate

• Act immediately: the earlier you act, the easier it is to stop further loss and preserve evidence.
• Document everything: keep copies of bank records, emails, texts, and witness statements about who had access to accounts.
• Freeze accounts carefully: the PR should arrange to secure estate accounts through the bank and the probate court.
• Ask for a copy of the inventory and any accountings filed in probate. Review them for unexplained withdrawals or suspicious transactions.
• If the PR is the alleged wrongdoer, notify other heirs and file a petition to compel an accounting, remove the PR, and seek surcharge or restitution.
• Consider both civil and criminal routes. Civil recovery restores estate assets; criminal prosecution can deter future misconduct and may assist recovery.
• Preserve attorney-client privilege if you consult a lawyer — get legal advice before sending potentially harmful communications to others involved.
• Contact Adult Protective Services or local law enforcement if you suspect exploitation of an elderly or vulnerable adult.

Where to get help

Because probate and creditor rules can be technical and time-sensitive, consult a Mississippi probate attorney as soon as possible. If criminal conduct is suspected, contact local law enforcement or the county district attorney. For the official state statutes governing decedents’ estates and probate procedure, visit the Mississippi Legislature website and search Title 91 (Decedents’ Estates): https://www.legislature.ms.gov/.

Disclaimer: This article provides general information about Mississippi probate procedures and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, contact a licensed Mississippi attorney.