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Short answer: Often yes — the estate can seek return of money an heir withdrew after the parent died, but the result depends on how the account was owned, whether the withdrawal was authorized, and how quickly the estate acts.

What happens to bank accounts and credit cards when someone dies?

When a person dies, their money and property generally become part of their estate unless a law or contract says otherwise. Common exceptions include:

• Joint accounts with right of survivorship — the surviving co‑owner usually owns the money automatically.
• Payable‑on‑death (POD) or transfer‑on‑death (TOD) designations — the named beneficiary receives the funds outside probate.
• Trust assets — if the account is held in a living trust, the trustee follows trust terms.

What counts as an unauthorized withdrawal?

An unauthorized withdrawal is taking money that belongs to the decedent’s estate without proper legal authority. Examples:

• A person who is not a joint owner and is not the appointed executor/administrator removes funds after learning of the death.
• A joint owner withdraws money that really belonged to the decedent (rare if the account truly had survivorship rights).
• Charging personal expenses to the decedent’s credit card after death.

Who can ask for the money back?

The person in charge of the estate (the executor named in the will, or an administrator appointed by the probate court if there is no will) has the duty to collect estate assets and distribute them properly. That fiduciary can demand return of improperly withdrawn funds. If no one has been appointed yet, interested heirs or creditors can ask the probate court to appoint an administrator.

How can the estate recover the money?

1. Demand letter: The executor or administrator can send a written demand for return. This is often the first step.
2. Bank remedies: If the bank paid out after the bank knew of the death and without proper documentation, the estate may be able to demand the bank reverse the transaction or produce records. Banks often freeze accounts after notice of death until they receive a death certificate and letters testamentary.
3. Probate turnover order: The personal representative can file papers in probate court asking the court to order the person to turn over estate property.
4. Civil suit for conversion or unjust enrichment: The estate can sue the person who took the money for conversion (wrongful exercise of control over someone else’s property) or unjust enrichment and seek return of funds plus possible damages.
5. Criminal referral: If the taking looks like theft or fraud, the estate representative may refer the matter to law enforcement. Criminal charges (e.g., theft) are separate from civil remedies.

Does joint ownership/cosigning change things?

Yes. A true joint account with right of survivorship passes to the surviving owner outside the estate. A joint account that was created for convenience or where the decedent did not intend to gift the money can lead to disputes. Courts will look at evidence (how the account was used, who contributed funds, and intent) to decide ownership.

What about credit cards?

Credit card accounts are contractual. The deceased’s estate generally pays valid charges incurred before death. Charges made after death by an heir or household member are unauthorized and can be treated as fraud by the card issuer or as a claim against the person who used the card. The estate can seek repayment or pursue civil or criminal action.

Timing and statute of limitations

Act quickly. Evidence disappears over time and statutes of limitation apply to civil claims. The personal representative should secure records, freeze accounts when possible, and seek court help early. For general information on New Hampshire probate procedures, see the New Hampshire Judicial Branch probate pages: https://www.courts.state.nh.us/probate/index.htm.

Where state law matters

New Hampshire probate and estate procedures control who may act for the estate and how estate assets are handled. For the full text of New Hampshire laws, including probate statutes, see the Revised Statutes Annotated for New Hampshire: https://www.gencourt.state.nh.us/rsa/html/index.htm. If you need specific statutory sections on probate administration or fiduciary duties, search that site for the probate/estate chapters or consult the probate court.

Practical example (hypothetical)

Jane dies owning a single bank account with $50,000 and no POD beneficiary. Her son, Tom, withdraws $10,000 three days after the funeral. Jane’s will names Mary as executor. Mary obtains letters testamentary from the probate court, sends Tom a written demand for return, and asks the bank for transaction records. If Tom refuses, Mary can petition the probate court for an order to recover the funds or file a civil suit for conversion. If Tom used the money for personal living expenses, the court may order repayment and could impose interest or other remedies.

Key takeaways

• If an heir withdraws money after a parent’s death without legal authority, the estate generally can pursue return of the funds.
• Outcome depends on account title (joint, POD, trust) and whether the person had authority (executor, co‑owner).
• Probate court proceedings, civil claims (conversion/unjust enrichment), and bank reversal requests are common recovery methods.
• Act quickly: preserve records, notify the bank, and seek appointment of a personal representative.

Disclaimer: This article is for general informational purposes and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed New Hampshire attorney or contact the New Hampshire probate court.