How the New Jersey Probate Process Handles Unauthorized Charges to a Parent’s Estate

Short answer: If someone withdraws money or incurs charges against your parent’s estate without authority, the probate (Surrogate’s) process and New Jersey law provide tools to identify the transactions, freeze or recover estate assets, hold the person who made the withdrawals responsible, and, if needed, remove or surcharge the estate representative. Act quickly, preserve records, and consult a probate attorney.

Disclaimer

This information is educational only and not legal advice. Laws change and every case is different. Consult a licensed New Jersey attorney for advice about your specific situation.

Why unauthorized charges matter

When someone makes withdrawals or charges against an estate without legal authority, those actions reduce the estate’s assets and may harm the estate’s creditors and beneficiaries. Unauthorized charges can arise in several ways: an executor or administrator spending estate money improperly, a person using a Power of Attorney after the principal’s death, or a third party withdrawing funds from accounts before the estate is opened. New Jersey’s probate procedures aim to protect estate assets and provide remedies to beneficiaries and creditors.

How the New Jersey probate process typically addresses unauthorized charges

1. Inventory and accounting by the personal representative. The person appointed to handle the estate (executor, administrator, or “personal representative”) must locate and preserve estate assets, prepare an inventory, and later provide an accounting to the Surrogate’s Court and interested parties. These steps reveal withdrawals, unusual charges, and missing funds. See general New Jersey estate law resources at the New Jersey Legislature (Title 3B) for statutory framework: https://www.njleg.state.nj.us/.
2. Request or demand an accounting. Beneficiaries can request or object to the personal representative’s accountings. The Surrogate’s Court reviews accountings and can require clarification, disallow improper expenses, or order repayment. Check the New Jersey Courts’ probate and surrogate resources for practical guidance: https://www.njcourts.gov/.
3. Freeze or secure estate assets. If there is evidence of dissipation, an interested party can ask the Surrogate’s Court for emergency relief, such as an order directing banks to freeze accounts or preventing further distributions, until the court resolves the dispute.
4. Petition for surcharge or removal. If the personal representative misappropriated funds or otherwise breached fiduciary duties, beneficiaries or creditors can petition the Surrogate’s Court to surcharge (financially charge) the representative for losses, require reimbursement, and/or remove the representative from office. The court can also require a bond or impose other protective measures.
5. Civil claims against the wrongdoer. If a third party (including a family member) wrongfully took estate property, the estate (through the personal representative) or beneficiaries may file a civil action to recover the funds for conversion, unjust enrichment, breach of fiduciary duty, or related claims.
6. Criminal referral where appropriate. If the takeover of funds involves theft, fraud, or embezzlement, you can report it to law enforcement or the county prosecutor. Criminal charges are separate from probate relief but may support the estate’s civil claims and the court’s view of misconduct.
7. Creditors’ and beneficiaries’ rights in the distribution process. The Surrogate’s Court overseess payment of estate debts and distributions to heirs. Unauthorized charges that improperly reduced the estate may be reversed or compensated from the responsible party’s assets before final distribution.

Practical steps you should take right away

• Preserve records: save bank statements, checks, transaction histories, credit-card statements, email, texts, and any paperwork showing withdrawals or transfers.
• Ask the personal representative for a copy of the inventory and accounting (and the death certificate if needed to open an estate).
• Contact the Surrogate’s office in the county where your parent lived to learn how to open a probate estate or file objections. New Jersey Courts pages explain local surrogate procedures: https://www.njcourts.gov/.
• If funds continue to move, ask the court or a lawyer about emergency relief to freeze accounts or stop distributions.
• Consider getting a probate attorney experienced in New Jersey estates; they can help prepare petitions to surcharge, remove a fiduciary, or pursue civil claims.
• If you suspect criminal activity, contact local law enforcement or the county prosecutor. Keep the probate attorney informed so civil and probate steps coordinate with any criminal investigation.

What kinds of remedies can the court order?

The Surrogate’s Court can order repayment to the estate, surcharge the fiduciary, remove the fiduciary, impose or increase a fiduciary bond, order an accounting, reverse improper transfers when possible, and stay distributions until resolution. If the estate lacks funds, a civil suit against the wrongdoer can seek compensatory damages and sometimes interest and attorneys’ fees.

When to act—and time limits

Time matters. The sooner you act after discovering unauthorized charges, the better the chance of preserving evidence and stopping further losses. Different remedies have different deadlines (for example, statutes of limitation for civil claims or deadlines to present creditor claims to an estate). Because deadlines vary by claim and circumstance, consult a New Jersey probate attorney promptly.

How a lawyer can help

An attorney can:

• Review transactions and identify unauthorized charges.
• Advise whether to request an accounting, petition the Surrogate’s Court, or file a civil claim.
• Draft and file petitions to surcharge, remove a fiduciary, or obtain a temporary freeze of assets.
• Coordinate estate recovery efforts with any criminal investigation.
• Represent beneficiaries at hearings and in settlement negotiations.

Helpful Hints

• Document everything—dates, amounts, who made transfers, and any communications about them.
• Keep original documents; make photocopies and create digital backups.
• Request bank and credit-card records as soon as possible; financial institutions may retain records only for a limited time.
• Don’t self-help by seizing property or changing locks—use court orders to avoid claims of wrongdoing.
• If the personal representative is cooperative, ask for an immediate interim accounting rather than waiting for the formal accounting date.
• Look for evidence that a Power of Attorney was used after death—POAs terminate at death and any transactions made after death are generally unauthorized.
• Ask the Surrogate’s office whether a bond was required for the personal representative; if so, the bond can be a source of recovery for estate losses.

Resources

• New Jersey Legislature (search Title 3B, Estates and Fiduciary Relationships): https://www.njleg.state.nj.us/
• New Jersey Courts — general information and local Surrogate’s Court contacts: https://www.njcourts.gov/

If you want, tell me whether you know (1) who is serving as the personal representative, (2) whether the estate is open in Surrogate’s Court, and (3) what records you already have. I can then explain likely next steps you can take and documents you should gather.