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Detailed answer — what the law generally allows and what to do next

Who has legal authority to use a deceased person’s bank account?

• If the account was a joint account or designated as payable-on-death (POD) to someone else, the surviving joint owner or POD beneficiary generally has the right to the funds. The bank will usually release funds to those persons without probate.
• If the account was solely in the decedent’s name, a power of attorney ends at death and does not authorize post-death withdrawals. Only a court-appointed personal representative (administrator or executor) holding letters of appointment has legal authority to collect estate assets and pay debts out of the estate.

Can you stop or challenge your sibling before they are appointed?

1. Yes — you can ask the bank to freeze the account or provide records. Provide a certified copy of the death certificate and advise the bank that there is no appointed personal representative. Banks have differing policies; some will freeze activity or require a court order. You can request a full account transaction history to document withdrawals.
2. File a probate petition quickly. If no one has opened an estate, you (or another interested person) can petition the probate court to open an administration and request appointment of a personal representative. If your sibling is attempting to act unilaterally, you can ask the court to resolve appointment and to require an accounting. See the New Hampshire Judicial Branch probate information for how to begin: https://www.courts.state.nh.us/probate/index.htm and self-help: https://www.courts.state.nh.us/selfhelp/probate.htm.
3. Seek emergency/provisional relief from the probate court. If the sibling’s withdrawals threaten estate assets (for example, if mortgage payments stop and the home faces foreclosure or the sibling is removing large sums), you can ask the probate court for temporary relief — such as an emergency order to freeze distribution of funds, appointment of a temporary administrator, or an injunction to preserve estate assets while the court decides who should be appointed.
4. Demand an accounting and document everything. Even before appointment, collect evidence: bank statements, notices of withdrawal, mortgage statements, communications with the sibling, and communications with the bank. After appointment, the personal representative must provide an inventory and accounting to the court and interested persons. If the sibling later becomes administrator, the court can require them to account for pre-appointment withdrawals and may order restitution for unlawful withdrawals.
5. Possible claims if funds were taken improperly. If your sibling withdrew funds without authority and kept them for personal use, possible claims include conversion, unjust enrichment, and breach of fiduciary duty (once appointed). The probate court can reverse or order repayment of improper transfers in appropriate circumstances.
6. Communicate with the mortgage lender. If mortgage payments are at issue, contact the lender, explain the death and the probate situation, and ask about a temporary forbearance or grace period while the estate is opened. That can prevent foreclosure while the probate court resolves administration.

Statutes and official resources

New Hampshire’s probate courts handle estate administration. For general statutory materials and to research specific statutes, use the New Hampshire Revised Statutes online: https://www.gencourt.state.nh.us/rsa/html/. For practical procedures and local filing information, use the New Hampshire Judicial Branch probate pages cited above: https://www.courts.state.nh.us/probate/index.htm and https://www.courts.state.nh.us/selfhelp/probate.htm.

Practical timeline and likely outcomes

• If you act fast and the court finds the sibling acted without authority, the court can: (a) block further withdrawals, (b) appoint a different administrator or issue temporary letters, and (c) order accounting and return of improperly taken funds.
• If the sibling can prove they were a joint owner or a POD beneficiary, the bank’s release to them may be lawful and the probate court may have limited reach over those funds.
• If the sibling later becomes the appointed personal representative, the court can evaluate pre-appointment conduct and require restitution if withdrawals were improper.

When to get a lawyer

If the amounts at stake are significant, if your sibling refuses to provide records, or if the bank will not cooperate, consult an attorney familiar with New Hampshire probate and trust litigation. A lawyer can help you file emergency motions in probate court, prepare a detailed accounting request, and, where appropriate, file a civil suit for conversion or unjust enrichment.

Quick checklist of immediate steps

1. Preserve evidence: collect bank and mortgage statements, any communications, and the death certificate.
2. Contact the bank: ask for a freeze and request transaction history.
3. Contact the mortgage lender: request forbearance or explain probate is pending.
4. File a petition in probate court to open the estate and request appointment if no administrator exists.
5. Consider an emergency motion to preserve assets or to appoint a temporary administrator.
6. If needed, consult a New Hampshire probate attorney right away.

Where to find forms and local rules

Probate forms, procedures, and local court contact information are available on the New Hampshire Judicial Branch website: https://www.courts.state.nh.us/probate/index.htm. The New Hampshire Revised Statutes are available at: https://www.gencourt.state.nh.us/rsa/html/.

Helpful Hints

• Act fast — estate assets can disappear quickly.
• Power of attorney ends at death. Don’t assume someone has authority just because they had POA before death.
• Joint title or POD overrides probate for that asset — confirm account ownership before assuming wrongdoing.
• Ask the bank in writing for a full transaction history and consider certified mail so you have proof of your request.
• If foreclosure is possible, contact the lender immediately and document any forbearance or agreement they provide.
• Keep communication professional and documented — written requests and copies are important in court.
• Even if a sibling later becomes administrator, the court can require them to account for and restore improper pre-appointment withdrawals.