Regaining Control of a Deceased Parent’s Financial Accounts in Nevada

When a close relative dies, banks and credit card companies must stop acting on the deceased person’s instructions. If someone else is still using a deceased parent’s bank or credit card accounts, you need clear steps to stop the misuse and legally regain control of the assets. The sections below explain how Nevada law generally handles these situations and practical steps you can take right away.

Detailed Answer

Who legally controls accounts after death?

After a person dies, their estate becomes the legal owner of their assets. Only the person lawfully appointed to manage the estate — usually an executor named in a will or an administrator appointed by the probate court — has authority to access and distribute estate accounts. If there is no will, Nevada’s probate process determines priority of appointment. See Nevada’s probate statutes for details: NRS Chapter 147 (Probate).

Immediate actions to protect assets

1. Obtain certified copies of the death certificate. Banks and card issuers normally require a certified death certificate to close or freeze accounts. Funeral homes usually help order these, or you can get them from local vital records.
2. Contact the bank and each credit card issuer. Tell them the account holder is deceased, provide a certified death certificate, and ask the institution to freeze or close the accounts to stop further withdrawals or charges.
3. Preserve evidence. Keep copies of account statements and any records showing someone else used the accounts after the date of death. Note dates, amounts, and names involved. This documentation supports disputes with banks and any criminal investigations.

If someone else is using the accounts

If a person is continuing to withdraw funds or make purchases on the deceased’s accounts, that could be unauthorized use, fraud, or theft. Nevada criminal and civil law prohibit taking another person’s property without authority. See Nevada’s criminal statutes on crimes against property: NRS Chapter 205. Do the following:

• Report suspected theft or fraud to local law enforcement and get a crime report number.
• Contact the bank and the credit card issuers’ fraud departments immediately, give them the crime report number, and ask them to reverse unauthorized transactions when possible.
• Ask the bank to freeze the account and to place a hold on any outgoing transfers pending resolution.
• If the person using the accounts claims authority (for example, as a joint account holder), request written proof of their authority and compare it to any will or probate filings.

How to regain legal access under Nevada law

There are two common legal routes to access and control the deceased’s accounts:

1. Small estate procedures: If the estate qualifies under Nevada’s small-estate rules, a simplified process may allow a surviving family member to collect personal property without full probate. See NRS Chapter 146 for Nevada’s provisions. Check the statute and local court rules to confirm eligibility and required forms.
2. Formal probate and letters of administration/testamentary: If the estate must be probated, file a petition in the probate court in the county where the decedent lived. Once the court issues letters testamentary (if there is a will) or letters of administration (if not), the appointed personal representative can present those letters to banks and creditors to gain legal access and control. Nevada’s probate rules are in NRS Chapter 147. For step-by-step filing help, use the Nevada court self-help resources: selfhelp.nvcourts.gov.

When rapid court action may be needed

If someone is actively depleting estate assets, ask the probate court for emergency relief. The court can appoint a temporary administrator or issue orders to freeze accounts while the court decides permanent appointments. An attorney can file an emergency petition and request immediate protective measures from the court.

Handling credit cards and outstanding debts

Credit card companies usually close accounts when notified of a cardholder’s death. The estate — not surviving relatives personally — is generally responsible for the deceased’s debts, except when an account was jointly held or an individual was a co-signer. If cards were used fraudulently after death, dispute those charges with the issuer and supply the death certificate and police report. For identity-theft guidance and dispute steps, see the Federal Trade Commission: FTC: What To Do If Your Identity Is Stolen.

When to hire an attorney

Hire an attorney if:

• Someone is taking or spending estate funds
• The estate is large or complex
• Multiple heirs or disputes exist
• You need a rapid court appointment to protect assets

An attorney can file for probate or emergency relief, pursue civil claims for conversion or breach of fiduciary duty, and coordinate with law enforcement on fraud charges.

Helpful Hints

• Get several certified death certificates — banks and government agencies often require originals.
• Start with the financial institution’s fraud department and the probate clerk if you need forms or immediate court instructions.
• Keep a written log of every call: date, time, person spoken to, and what was promised.
• Do not let people move assets or close accounts until you have legal authority or have instructed the bank to freeze accounts in writing.
• If the person using the accounts is a joint account holder, obtain their account agreement and ask the bank to explain the rights of survivorship or tenancy in common that may apply.
• File a police report for unauthorized use; banks and courts treat a criminal report as important evidence of wrongdoing.
• Place fraud alerts or credit freezes for the deceased’s credit file to stop new accounts from being opened in their name (FTC guidance can help).
• If you cannot afford an attorney, check local legal aid or elder law clinics; Nevada’s self-help court site lists resources for people handling probate without a lawyer: selfhelp.nvcourts.gov.

Disclaimer

This article explains general Nevada procedures and common practical steps but is not legal advice. Laws change and every case differs. For advice about your specific situation, consult a licensed Nevada attorney or the probate court in the county where the decedent lived.