How to challenge an administrator who closed a deceased parent’s joint bank account without notifying heirs (Nevada)

Short answer: In Nevada you can demand documentation from the administrator and the bank, seek an accounting in probate court, and ask the court to restore or distribute funds if the administrator acted improperly. You may also petition the court to remove the administrator or ask for other relief (turnover, surcharge, contempt) if there is evidence of wrongful conduct. This article explains the typical steps, what documents to gather, and how Nevada law approaches joint accounts and fiduciary duties.

Disclaimer

This is general information and not legal advice. I am not a lawyer. For legal advice tailored to your situation, consult a licensed Nevada probate attorney.

Background: why this happens and key legal ideas (Nevada)

When a person dies, banks often freeze accounts or honor a surviving joint owner depending on the account’s title and the bank’s policies. If someone is serving as the decedent’s court-appointed administrator (personal representative), that person has a fiduciary duty to the estate and its heirs/creditors. If the administrator closes or removes funds from a joint account without notifying heirs or without court authority, heirs can challenge that conduct in probate court.

Key concepts to understand:

• Joint-account ownership vs. estate asset: Some joint accounts are payable-on-death or joint tenancy with right of survivorship — the surviving joint owner usually owns the funds outright. But if the account was held solely in the decedent’s name or was part of the estate, the funds may belong to the estate and be subject to probate.
• Administrator (personal representative) duties: A court-appointed administrator must preserve estate assets, give notice to heirs and creditors when required, keep records, and account to the court. Improperly taking or hiding assets can be a breach of fiduciary duty.
• Probate court oversight: Probate courts control administration, can compel accountings, order return of assets, remove a fiduciary, and assess damages.

Where to find Nevada law

For statute language and governing rules, review the Nevada Revised Statutes (NRS) sections that govern decedents’ estates, fiduciaries and probate procedures. Nevada’s statutes and chapters are available on the Nevada Legislature website: https://www.leg.state.nv.us/NRS/. For forms and local court procedures, see the Nevada Courts self-help and probate pages: https://nvcourts.gov/self-help/probate/.

Step-by-step: How to challenge the administrator

1. Immediately gather basic documents

   Collect anything you can get quickly: the decedent’s death certificate, copies of the bank account documentation (statements, signature card, title on the account), any probate filings (Letters of Administration), and any correspondence between the bank and the administrator. If you don’t have copies, request them from the bank and probate clerk.

2. Ask the bank for an explanation and records

   Contact the bank in writing. Ask whether the account was designated as joint tenancy or payable-on-death, whether the bank relied on the administrator’s authority, and request transaction records showing withdrawals or closures. Ask for the bank’s legal basis for releasing or closing funds.

3. Request an accounting from the administrator

   Under Nevada probate practice, heirs and interested persons are entitled to see the administrator’s inventory and accounting. Send a written demand for a formal accounting of actions taken with the account and any transfers. Keep copies of all communications.

4. File a petition or objection in probate court

   If the administrator refuses to account or you find suspicious transfers, file a formal objection or petition in the probate case asking the court to:

   • Compel a full accounting of the account and transactions
   • Order return of estate property if funds were improperly taken
   • Remove or replace the administrator for breach of fiduciary duty
   • Surcharge the administrator for losses and order restitution

   If you need immediate preservation of assets (risk of dissipation), you can ask the court for an emergency order (temporary restraining order or other protective relief).

5. Use discovery and subpoenas if needed

   When the case is in court, you can compel production of bank records, emails, and other evidence through subpoenas or court-ordered discovery. The court can enforce cooperation and penalize noncompliance.

6. Consider removal or criminal referral if theft is suspected

   If the administrator intentionally misappropriated funds, you can ask the court to remove them and seek civil remedies. In some cases, criminal law (theft, embezzlement) may apply; report suspected criminal conduct to law enforcement or the district attorney. Consult an attorney about whether to pursue civil, criminal, or both tracks.

7. Keep records and act quickly

   Probate matters have deadlines. Preserve evidence, act promptly to request relief, and track any statute of limitations that might apply to claims against the administrator or the bank.

What you should expect in Nevada probate court

Probate judges have broad authority to supervise administrators. If you prove the administrator closed or misapplied funds without authority, the court can order return of funds, financial restitution, removal of the administrator, and an award of fees or damages. Courts also balance the rights of surviving joint owners when title documents show survivorship.

Evidence that helps your challenge

• Original bank statements and transaction history showing withdrawals and the timing relative to the decedent’s death.
• Account opening records and beneficiary or survivorship language on account forms.
• Letters of Administration, orders appointing the administrator, and any court filings.
• Communications from the administrator, including written requests to the bank or receipts for disbursements.
• Affidavits from witnesses or third parties who observed the administrator’s conduct.

Helpful Hints

• Document everything: keep dated copies of letters, emails, and notes of phone calls.
• Get certified copies of the Letters of Administration from the probate clerk — banks often request proof of authority.
• If you are a named surviving joint owner, bring proof (account title, statements) to the bank quickly; many banks will release funds to a surviving joint owner on production of a death certificate.
• If the administrator claims authority from a court order, ask for a copy of that order and verify it with the probate court.
• In urgent situations (assets being moved out of state or quickly dissipated), ask the probate judge for emergency relief — courts can freeze assets pending a hearing.
• Contact a Nevada probate attorney early. Even an initial consultation can clarify whether to file a petition, object to the administrator’s actions, or pursue criminal referral.

Next steps and resources

1) Request bank records and a written explanation. 2) Request a formal accounting from the administrator. 3) If the administrator refuses or you find improper transfers, file a petition in the probate court asking for relief (accounting, return of assets, removal). 4) Talk to a Nevada probate attorney for help drafting pleadings and pursuing remedies.

Useful links:

• Nevada Revised Statutes (NRS) — Nevada Legislature: https://www.leg.state.nv.us/NRS/
• Nevada Courts self-help: Probate — https://nvcourts.gov/self-help/probate/

Remember: Probate and fiduciary law can be fact-specific. Getting local counsel will help you apply Nevada law to the exact facts (account title language, what documents the administrator had, and what actions they took).