What to do if an administrator closed a joint bank account without notifying heirs

Short answer: Under New York law, you can demand documentation, ask the bank to preserve records, and petition Surrogate’s Court to compel an accounting, recover misapplied funds, or remove the administrator for breach of fiduciary duty. Act quickly—banks and courts move fast and deadlines can apply.

Detailed answer — step by step under New York law

This section explains what heirs should do if someone appointed as a personal representative or administrator closed a decedent’s joint bank account without advising heirs. The guidance uses typical facts: a decedent had a joint account with a child, the decedent died, and an administrator later closed the account and withdrew funds without notifying other heirs.

1. First priorities: preserve evidence and freeze further harm

• Obtain the death certificate and any documents showing account ownership (statements, account agreement). If possible, ask the bank in writing to preserve all account records, transaction histories, and camera footage for a specific period.
• Ask the bank whether the account was a joint tenancy with right of survivorship, a payable-on-death (POD) account, or an account owned by the estate. Joint accounts with right of survivorship usually pass to the surviving joint owner outside probate, but banks sometimes freeze funds if an estate is opened.
• Request copies of any checks, withdrawal slips, wire transfer records, and any identification the administrator used to access the account. Put requests in writing and keep proof of delivery (email receipt or certified mail return receipt).

2. Check the administrator’s authority

• If someone is acting as an administrator or personal representative, they should have Letters of Administration or Letters Testamentary from Surrogate’s Court. Ask to see a copy. If they don’t have court-issued authority, they generally have no legal right to administer estate assets.
• Look for court filings in the county where the decedent lived. The Surrogate’s Court docket will show who is appointed and what powers have been granted. General information about New York probate and Surrogate’s Court is available from the New York State Unified Court System: https://www.nycourts.gov/courthelp/WillEstate/Probate.shtml

3. Demand accounting and return of funds

• Under New York practice, a fiduciary (executor or administrator) must account for estate property and handle assets for the benefit of the estate and heirs. If funds were removed improperly, heirs can demand an accounting and turnover of estate assets.
• Send a written demand to the administrator asking for: (a) a full accounting of funds removed, (b) proof of authority to withdraw funds, and (c) immediate return of any money that does not belong to the administrator personally.

4. File a petition in Surrogate’s Court if demands fail

• If the administrator refuses to cooperate, heirs can petition the Surrogate’s Court where the estate is being administered. The court can compel an accounting, order recovery of misapplied funds, surcharge the administrator for losses, and remove the administrator for breach of duty.
• New York’s Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers & Trusts Law (EPTL) govern fiduciary duties and court proceedings in probate. You can read the statutes and related materials here: SCPA — https://www.nysenate.gov/legislation/laws/SCPA and EPTL — https://www.nysenate.gov/legislation/laws/EPTL. The New York courts’ probate & estate resources are here: https://www.nycourts.gov/courthelp/WillEstate/Probate.shtml
• Typical petitions available to heirs include petitions for (a) an accounting; (b) surcharge and recovery of estate property; (c) removal of the fiduciary; and (d) temporary relief such as a restraining order or injunction to prevent further dissipation of assets while the court resolves the dispute.

5. Possible civil and criminal remedies

• Civil remedies: recovery of funds, interest, costs, and possibly attorney fees if the court finds a serious breach of duty. The court can also order the administrator to post a bond or be removed.
• Criminal remedies: if the withdrawals amount to theft, heirs may consider contacting local law enforcement to report suspected criminal conduct. The district attorney’s office can evaluate whether criminal charges (e.g., grand larceny) are appropriate.

6. Timing and practical considerations

• Act quickly. Banks may have already disbursed funds; tracing and recovery get harder with delay. The Surrogate’s Court may authorize discovery (document production and depositions) to locate missing funds.
• Keep organized records of all communications, bank statements, and proof of the decedent’s assets. That documentation is crucial for any court petition.

Who should bring the action?

Any interested person — typically a named heir, beneficiary under a will, or creditor — can petition Surrogate’s Court. If there is a will, beneficiaries named in the will have clear standing. If there is no will, distributees under intestacy statutes have standing. If you are unsure whether you qualify as an interested person, a probate attorney can advise.

When to involve an attorney

Challenging an administrator and pursuing recovery often requires legal filings in Surrogate’s Court and possible coordination with banks and law enforcement. Consult an attorney experienced in New York probate and estate litigation as soon as possible. If funds are substantial or if the administrator resists, hire counsel to file the petition and seek emergency relief.

Disclaimer

This article is for general information only and is not legal advice. Laws change and every situation is different. Consult a qualified New York attorney before taking action.

Helpful Hints

• Collect these documents immediately: death certificate, account statements, account agreement (shows POD or survivorship language), any will, and any Letters of Administration you can obtain.
• Put preservation and information requests to the bank in writing and send by tracked mail or email so you can prove delivery.
• Confirm whether the account was joint with right of survivorship or POD. That determines whether funds passed automatically or entered the estate.
• Ask the bank for a transaction ledger and copies of checks and withdrawal slips. These often reveal where money went and who signed.
• If an administrator claims court authority, ask for a copy of Letters of Administration or Letters Testamentary and the Surrogate’s Court docket number. You can search the local Surrogate’s Court docket online or call the clerk’s office for guidance.
• Consider a demand letter from a lawyer before filing in court. Sometimes that produces an immediate accounting and return without litigation.
• If funds are being dissipated, request emergency relief from Surrogate’s Court—courts can freeze assets or impose temporary restraints to protect the estate.
• Document every contact with the administrator and bank. Note dates, times, who you spoke with, and what was said.
• Time matters: don’t delay contacting counsel if substantial estate assets are involved or if the administrator may be removing money.