Challenging an Administrator Who Closed a Joint Bank Account Without Notifying Heirs — Missouri
Quick answer: You can challenge the administrator’s actions by asking the bank for account records and the administrator’s authority, demanding an accounting, and—if necessary—filing a petition in the probate court to compel an accounting, seek provisional relief, or remove the administrator for breach of fiduciary duty. Missouri probate law gives heirs and interested persons tools to protect estate assets. This is not legal advice; consult a Missouri probate attorney for help specific to your case.
Detailed answer — what you need to know and what to do next
Start with the facts: many joint bank accounts are titled as “joint tenants with right of survivorship,” which usually passes directly to the surviving joint owner when one owner dies. Other joint accounts or accounts held by an administrator/personal representative might be part of the decedent’s probate estate and controlled by the probate court. Which rule applies determines whether the administrator had any right to close or remove funds.
1) Confirm account type and immediate evidence to collect
- Obtain a certified copy of the death certificate.
- Ask the bank (in writing) for the account title, account agreement, and copies of any transaction records since the date of death. Banks keep records showing who authorized transactions.
- Ask the administrator for a copy of the letters testamentary or letters of administration (the document issued by the probate court showing the administrator’s authority).
2) Understand whether funds passed by survivorship or became estate property
If the account was a true joint account with right of survivorship, Missouri law and bank practice often allow the surviving joint owner to keep the funds. If the administrator closed an account that properly belonged to the survivor, the survivor may have a direct claim against the administrator or the bank. If the account belonged to the estate (for example, if the account was pay-on-death or otherwise probate property), the administrator has duties under Missouri probate rules to manage and distribute assets properly.
3) Demand an accounting and documentation from the administrator
Missouri law gives heirs and interested persons the right to request information and an accounting of estate assets. Ask the administrator, in writing, for:
- A written explanation of why the bank account was closed;
- A copy of the bank’s correspondence and any court orders authorizing transfer or closure; and
- An accounting showing all receipts and disbursements since the date of death.
4) If the administrator refuses or the accounting is unsatisfactory, file a petition in probate court
You may ask the probate court to:
- Compel the administrator to provide a formal accounting;
- Temporarily freeze contested funds (by requesting injunctive or protective relief) to prevent dissipation of assets;
- Surcharge the administrator (require reimbursement) if the court finds a breach of fiduciary duty or improper distribution; and
- Remove the administrator if he or she breached duties or acted dishonestly or incompetently.
These remedies run through the probate court that issued the letters. The court will evaluate the evidence and the administrator’s explanations.
5) Potential legal claims you can raise
- Breach of fiduciary duty by the personal representative/administrator.
- Conversion of estate or survivor funds (if funds belonged to the survivor).
- Violation of probate procedure or failure to notify interested parties as required by the court.
- Bank liability if the bank distributed funds without proper documentation or contrary to its own account agreement.
6) Time and evidence are important
Missouri has time limits and practical hurdles: the sooner you act the better. Preserve emails, letters, bank statements, and any written communication with the administrator or bank. If the administrator has spent funds, note what was spent, where, and whether receipts exist.
7) Where to file and where to get help
File petitions and requests in the probate court in the county where the decedent’s probate case is open. If a probate case has not been opened and assets look like they belong to the estate, you may need to open an estate administration case to protect heirs’ interests.
Missouri’s official statutes and probate procedures are available from the Missouri Revisor of Statutes: https://revisor.mo.gov. For general probate court information, see the Missouri Courts site: https://www.courts.mo.gov. For statutes governing administration, interested persons typically consult the probate chapters of the Missouri Revised Statutes: see the chapters on administration and personal representatives on the Revisor site.
8) Practical next steps (checklist)
- Request the account title and bank records from the bank in writing.
- Obtain the administrator’s letters from the probate court clerk.
- Send a written demand to the administrator asking for a formal accounting.
- If you get no or an inadequate response within a reasonable time (often 10–30 days), consult a Missouri probate attorney and prepare to file a petition in probate court to compel an accounting and seek provisional relief.
- Preserve all evidence: screenshots, email, certified mail receipts, bank statements, and copies of demands and responses.
Statutes and rules to review
Missouri Revised Statutes set out the probate court’s authority and the duties of administrators/personal representatives. You can review the probate chapters at the Missouri Revisor of Statutes: https://revisor.mo.gov. The statutes cover appointment of personal representatives, duties, accounting, and removal. For procedural rules and forms, check your local county probate court’s website or the Missouri Courts website at https://www.courts.mo.gov.
Helpful Hints
- Act quickly — banks move fast and funds can disappear.
- Keep all communications with the administrator and bank in writing; use certified mail when you need proof of delivery.
- Get a certified copy of the death certificate and take it to the bank and probate clerk when needed.
- If you are an heir or named beneficiary, state that status when you request information — the court recognizes “interested persons.”
- If the administrator claims authority, verify it by asking the probate court for a copy of the letters of administration/testamentary and any court orders authorizing the transaction.
- Consider a short consult with a probate attorney in your county — many offer limited-scope engagements or an initial consultation to review documents and next steps.
- If you suspect theft or criminal wrongdoing (for example, forged documents), contact law enforcement in addition to pursuing probate remedies.