Detailed answer — what to do and why under New Hampshire law

When a parent dies, their bank and credit card accounts do not automatically pass to family members unless the account naming or beneficiary rules say so. If someone else is using the deceased parent’s accounts after death, you must act quickly to stop unauthorized access and to get legal control of the accounts so bills and obligations can be dealt with properly.

Key legal concepts (plain language)

• Decedent’s estate: The deceased person’s money, property, and debts. The probate court supervises how that estate is handled if the assets are not owned jointly or payable-on-death.
• Personal representative / administrator / executor: The person the court appoints to collect estate assets, pay debts, and distribute what remains. Courts issue official paperwork (letters) to prove authority to banks and companies.
• Unauthorized use / theft / identity theft: Using a deceased person’s accounts for one’s own benefit can be a crime. You may have civil remedies (recover money) and criminal remedies (report to police or the state).

Step-by-step actions to regain control

1. Get certified copies of the death certificate. Banks and card issuers require an official death certificate to close or freeze accounts. Request several certified copies from the New Hampshire Vital Records Office: dhhs.nh.gov/services/vital-records.
2. Identify how each account is titled. If an account is joint with right of survivorship or has a named pay-on-death (POD) beneficiary, funds may pass automatically to the surviving joint owner or beneficiary. If not, the account becomes part of the estate and needs a personal representative’s authority to access it.
3. Contact the bank and credit card companies immediately. Tell them the account owner has died, provide a certified death certificate, and ask the institution to freeze the account for safety. Ask what documentation they require to remove an unauthorized user or to allow account access by the estate’s personal representative.
4. Ask the institution to remove any unauthorized cardholders or online access. Many banks can disable cards and online credentials after proof of death. Request account statements and a list of recent transactions (you may need a court order or appointment as personal representative to get full access).
5. If you believe someone is misusing the accounts, preserve evidence and consider criminal reporting. Save copies of statements, screen shots of online activity, and any communication. Report suspected theft or identity fraud to local police and the New Hampshire Department of Justice (consumer/identity-theft resources). Criminal referrals can lead to investigation and prevent further misuse.
6. Open contact with the New Hampshire Probate Court if there is no joint owner or POD beneficiary. To get legal control of accounts that belong to the estate, you usually must be appointed the personal representative (sometimes called an administrator or executor if there is a will). The probate court issues Letters Testamentary or Letters of Administration that banks accept as proof. Start at the NH Probate Court information page: courts.state.nh.us/probate.
7. File for appointment quickly when necessary. If the unauthorized user won’t stop or the bills are mounting, file for administration so the court can act and you can present legal authority to banks. The probate process varies depending on whether there is a will, who the heirs are, and the size of the estate.
8. Once appointed, present the court-issued letters to the bank and credit card companies. As personal representative you can demand account records, close or move accounts into an estate account, pay legitimate debts, and recover estate property taken improperly.
9. If the bank refuses to cooperate, seek a court order. The probate court can compel banks to produce records or return assets to the estate. The court can also impose sanctions against persons who conceal or improperly use estate property.
10. Consider civil claims against the person misusing accounts. If someone improperly used funds, the estate (through the personal representative) can sue to recover money. Criminal prosecution may also be available.

Relevant New Hampshire resources and statutes

New Hampshire law controls probate and estates and sets the remedies for theft or fraud. For procedural rules and forms about opening an estate and getting appointed as personal representative, see the New Hampshire Probate Court: https://www.courts.state.nh.us/probate/.

For the text of New Hampshire statutes (Revised Statutes Annotated) on probate, estates, and other laws, see the NH RSA online index: https://www.gencourt.state.nh.us/rsa/html/. That site contains the statutes that govern estate administration and the remedies available if someone misuses a decedent’s property.

To report or learn more about identity theft and consumer fraud in New Hampshire, check the NH Department of Justice consumer protection pages: https://www.doj.nh.gov/consumer/.

Evidence to gather (what the court, bank, or police will want)

• Certified death certificate(s).
• Account numbers, recent statements, and copies of checks or card charges that appear improper.
• Any paper or electronic communication showing the other person’s use of the accounts.
• Records showing how the account was titled or any beneficiary designations.
• Documents proving your relationship to the decedent (birth certificate, marriage certificate) and your identity.

When to get a lawyer

Consider hiring an attorney if:

• Someone refuses to stop using the accounts despite notices and a death certificate.
• The estate has significant assets or complicated claims.
• There is suspected criminal conduct (theft, identity theft) or the other person admits to taking money.
• You need a lawsuit or court orders to recover assets or remove the unauthorized user.

An attorney who practices probate and estate administration in New Hampshire can file the necessary probate petitions, request emergency relief if needed, and represent the estate in civil recovery or assist in criminal referrals.

Typical timeline and practical expectations

Immediate steps (days): obtain death certificate, contact banks and card issuers, ask for freezes, preserve evidence, report suspected theft to police.

Short term (weeks): file for appointment as personal representative if needed; banks may require certified letters from the probate court before releasing full account histories.

Longer term (months): probate administration, asset recovery, paying creditors, and distribution of remaining assets. Criminal investigations vary in length.

Helpful Hints

• Act quickly: stopping use and preserving records makes recovery much easier.
• Keep all communication in writing when possible—email and dated letters create a paper trail.
• Ask each bank or card company what specific documents they need; different institutions vary in practice.
• If the decedent’s account shows joint ownership or a POD beneficiary, get copies of account agreements—these can prove non‑probate transfer rights.
• Do not let an unauthorized person “spend down” estate assets. Ask banks to freeze the account or to restrict cards immediately.
• If you get court appointment paperwork, provide certified copies to the bank—banks are usually cooperative once they see official letters from probate.
• Consider a narrow emergency petition in probate if urgent relief is needed (some courts can act quickly to protect assets).
• Keep emotions separate from process. Courts focus on documentation and legal titles, not family disputes.