Disclaimer

This article explains general New Hampshire probate concepts and typical steps heirs can take. It is educational only and is not legal advice. For advice about your specific situation, consult a licensed New Hampshire attorney.

Short answer

If an estate administrator closed your father’s joint account without notifying heirs, you can (1) gather documentation confirming account ownership and deaths, (2) contact the bank in writing to request records and an explanation, and (3) file a petition in the New Hampshire probate court asking the court to order an accounting, return of funds, or other relief (including removal or surcharge of the administrator) if the administrator acted improperly.

Detailed answer — legal framework and step-by-step actions

1. Understand how joint accounts usually work in New Hampshire

Most banks treat properly titled joint accounts as survivorship accounts: when one joint owner dies, the surviving joint owner ordinarily retains rights to the account balance (the funds pass outside probate). If the joint account was instead titled as the deceased owner’s account with a “payable on death” (POD) designation, the POD beneficiary receives the funds at death. Titles, signature cards, and bank account agreements control who has rights.

2. Determine what kind of account it was

• Get copies of account statements, the original signature card, and any written account agreement. Those documents will show account titling and survivorship language.
• If the account title included the deceased person’s name without survivorship language, it may be estate property subject to probate. If it was joint with right of survivorship or had a POD/beneficiary, the surviving joint owner or beneficiary generally gets the proceeds.

3. Contact the bank promptly and demand records

Write to the bank (certified mail recommended) asking for:

• Copies of the account application/signature card and any beneficiary or survivorship designation.
• A written explanation of why the administrator was allowed to close the account and where the funds went.

Banks are often willing to provide copies of their records to account owners, beneficiaries, or the probate court upon request.

4. If the bank refuses or the explanation is inadequate, gather evidence

• Death certificate for your father.
• Account statements and signature card showing joint ownership or beneficiary designation.
• Any letters, emails, or notices from the administrator or bank.
• Proof of your interest as an heir (will, family tree, or affidavit) if applicable.

5. File a petition in the probate court

If the administrator acted without authority or misapplied funds, you can ask the probate court for relief. Typical petitions include:

• Petition for an accounting: ask the administrator to produce records showing all transactions and disposition of estate assets.
• Petition to compel production of estate records and bank records.
• Petition to surcharge or remove an administrator: ask the court to hold the administrator financially responsible for wrongful conduct or to remove them and appoint a new administrator.
• Emergency motion for temporary relief: if funds are disappearing, ask the court to freeze the estate assets or to order immediate discovery.

Contact the probate division of the New Hampshire Judicial Branch in the county where your father lived to learn filing procedures and fees. See the probate pages here: https://www.courts.state.nh.us/probate/.

6. Legal theories and remedies

The court can remedy improper conduct by an administrator. Common remedies include:

• Ordering an accounting and returning wrongly removed or transferred funds to the estate.
• Surcharging (financially penalizing) the administrator for losses caused by mismanagement.
• Removing the administrator and appointing a successor.
• Referring criminal conduct (e.g., theft) to law enforcement if appropriate.

7. Timing and statute considerations in New Hampshire

Probate courts have authority over estate administration. For rules and procedures concerning administration, inventories, and fiduciary duties, consult New Hampshire statutes and the probate rules. The New Hampshire Revised Statutes and probate information are available from the state: https://www.gencourt.state.nh.us/rsa/html/ and the Probate Division: https://www.courts.state.nh.us/probate/. The specific steps and statutory deadlines vary by county and case facts.

8. When to consider a civil claim

If the probate remedies do not resolve the issue, heirs sometimes file a separate civil lawsuit for conversion (wrongful taking of property), breach of fiduciary duty, or unjust enrichment against the administrator. Civil claims run on different timelines and need different proof than probate petitions.

9. Practical outcomes you can expect

• If the administrator had lawful authority (e.g., surviving joint owner with clear title), the court may allow the closing.
• If the administrator acted outside authority, the court can restore funds to the estate and make the administrator pay for losses.
• Even if funds cannot be recovered, the court can remove the administrator and order other remedies to protect remaining estate assets.

Helpful hints — how to prepare and what to expect

• Act quickly: preserve evidence and ask the bank to freeze any remaining account access if possible.
• Keep written records of every phone call, request, and correspondence with the bank and the administrator.
• Request certified copies of the death certificate from the town/city clerk early; banks and courts will require them.
• Ask the probate clerk for forms and local filing rules; procedures differ by county. Probate Division: https://www.courts.state.nh.us/probate/.
• Consider a short consultation with a New Hampshire probate attorney to assess likelihood of success and court costs — many attorneys offer limited-scope help or hourly consultations.
• If you suspect criminal conduct (theft, forgery), contact local law enforcement after consulting the probate court or an attorney.
• Be prepared for timelines: probate proceedings can take weeks to months depending on complexity and whether the administrator cooperates.