Disclaimer

This article is educational information only and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed Montana attorney.

Detailed answer — what you need to know and the steps to take

If a court‑appointed administrator closed a decedent’s joint bank account without notifying heirs, you should act quickly. Whether you have strong claims depends on how the account was titled and what authority the administrator had under Montana probate law. Below are the main legal principles and a practical step‑by‑step plan.

1. Figure out who actually owned the money

Start by determining the account ownership language and type. Common possibilities:

• Joint account with right of survivorship: If the account was titled in two names as joint tenants with right of survivorship, the surviving joint owner typically owns the funds automatically and the money is not part of the deceased’s probate estate.
• Tenants in common or no survivorship language: The decedent’s share may belong to the estate if title did not create survivorship rights.
• Payable‑on‑death (POD) or transfer‑on‑death designation: The named beneficiary inherits directly and the funds normally bypass probate.

Ask the bank for a copy of the signature card, account agreement, and any beneficiary/POD paperwork. Those documents usually control whether the account passed outside probate.

2. Check whether the administrator had legal authority to close the account

A personal representative (administrator) may only take estate assets into their control when the asset is part of the probate estate and when the court has granted authority. Montana’s probate statutes set out duties for personal representatives, including inventory and accounting obligations (see Montana probate statutes referenced below).

If the account belonged to the estate, the administrator generally must inventory the asset and follow court procedures before spending or distributing funds. If the account belonged to a surviving joint owner or a POD beneficiary, the administrator should not have taken those funds.

3. Immediate steps to preserve evidence and recovery options

1. Gather documents: Obtain the decedent’s death certificate, the bank’s account records (signature card, account agreement, statements), the administrator’s appointment papers (letters of administration), and any will or beneficiary designations.
2. Request a written explanation from the administrator and the bank: Ask why the account was closed, when funds moved, where they are now, and ask for copies of any checks, transfers, or withdrawals.
3. Send a written demand: If you believe the funds belonged to heirs or a surviving joint owner, send a written demand requesting return of the funds and an accounting from the administrator. Keep a copy of the demand and proof of delivery.
4. Preserve bank records and communications: Ask the bank to preserve all electronic and paper records for a specified period (bank preservation letter).
5. Consider contacting local law enforcement if you suspect theft or fraud by the administrator.

4. Use probate court tools if informal demands fail

If the administrator does not cooperate, Montana probate court provides several remedies you can ask the court to grant:

• Petition for an accounting and bill of particulars: Ask the court to order the administrator to produce a full accounting of estate assets and transactions.
• Petition for turnover: If the funds belong to the estate or to the heirs, ask the court to order the administrator to turn the funds over to the correct person.
• Motion to remove the personal representative: If the administrator mismanaged property, committed conversion, engaged in self‑dealing, or otherwise breached fiduciary duty, a court can remove them and appoint a successor personal representative.
• Injunction or temporary relief: In urgent situations you can ask the court for temporary restraining relief to prevent further dissipation of assets while the dispute is resolved.

5. Potential legal claims

Depending on the facts, heirs or beneficiaries might have claims including:

• Conversion — wrongful exercise of control over property belonging to another.
• Breach of fiduciary duty — if the administrator failed to follow Montana probate duties or court orders.
• Replevin or declaratory relief — asking the court to declare ownership and recover the asset.

6. Evidence you will need

Evidence strengthens any court petition: account title documents, the bank’s transaction records showing withdrawals and recipients, letters of administration, the death certificate, communications between you and the administrator or bank, and any witness statements.

7. Timing and statutes of limitation

Act promptly. Montana law limits how long you have to bring certain claims. Even when time limits are unclear, evidence and witness memory fade over time. File necessary probate motions quickly to preserve rights and to get court control of assets if needed.

8. When to consult an attorney

If the administrator refuses to return funds, if significant money is at stake, or if the matter involves potential criminal conduct, contact a Montana probate attorney. An attorney can evaluate the title issues, prepare and file probate petitions, and represent you in court.

9. Where to find Montana probate law and forms

Montana’s statutes governing decedents’ estates and the duties of personal representatives appear in Montana Code Annotated, Title 72. For court forms and local filing procedures, consult the Montana Courts website or contact the clerk of the probate court in the county where the estate is filed.

Montana Code Annotated, Title 72 (Decedents’ Estates): https://leg.mt.gov/bills/mca/title_0720/

Montana Courts — general resources (probate forms and procedures vary by county): https://courts.mt.gov/

Helpful Hints

• Start with the bank: request copies of the account signature card and transaction history right away.
• Obtain certified copies of the death certificate and letters of administration from the probate court clerk.
• Send written demands by certified mail and keep records of all communications.
• Preserve electronic evidence: download statements, emails, and texts and save them in more than one secure place.
• Don’t assume a bank’s action was lawful—ask for the legal basis in writing (e.g., court order or probate instruction).
• If you face resistance from the administrator or if large sums are missing, consult a Montana probate attorney quickly.
• If you suspect criminal conduct (theft, fraud), contact local law enforcement in addition to pursuing civil remedies.
• Keep heirs informed: timely notice helps avoid disputes and may be required by the court.