Disclaimer
This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed North Dakota attorney.
Detailed Answer
If an estate administrator has closed a decedent’s joint bank account without notifying heirs, you have several ways to respond under North Dakota law. Which steps are appropriate depends on how the account was titled, what authority the administrator used, and whether the funds belonged to the estate or to a surviving joint owner.
1. Quickly figure out who actually owned the money
- Joint account with right of survivorship: If the account was titled so that a surviving owner (for example, a spouse or child) is a joint tenant with right of survivorship, the money usually belongs to the surviving joint owner immediately when the other owner dies. The bank should transfer the funds to the surviving owner, not to the estate.
- Payable-on-death (POD) / Transfer-on-death: If the account names a payable-on-death beneficiary, the named beneficiary is entitled to the funds without probate.
- Account held in decedent’s name alone: If the account was in the decedent’s name only, the funds typically become estate assets and the personal representative (administrator) has authority under probate law to collect and distribute them.
- Joint account but ambiguous language: Banks sometimes use different words on signature cards. Ask the bank for the account title, signature card, and any beneficiary designation to confirm ownership.
2. Gather documents and immediate evidence
- Certified copy of the death certificate.
- Recent account statements and any account agreement or signature card.
- Copies of communications with the bank and with the administrator.
- Letters of appointment or letters testamentary if the administrator was appointed by a probate court.
3. Contact the bank and demand records
Ask the bank to explain why the account was closed, what documents the bank relied on, and to provide copies of the signature card, beneficiary designation, account agreement, and copies of any checks or transfers. Banks often will disclose who presented the administrator’s letters and what court papers they relied on.
4. Confirm the administrator’s authority
Find out whether the person who acted is a court-appointed personal representative (administrator). If the administrator had letters of administration or letters testamentary issued by a North Dakota probate court, they have certain powers. If no letters exist, the person may not have had legal authority to seize or close the account.
5. If you believe the administrator acted improperly, the common legal remedies are:
- Demand an accounting: You (an heir or interested person) can demand that the personal representative provide a formal accounting of estate transactions. This may resolve misunderstandings informally.
- Petition the probate court: File a petition in the county probate court that handled the estate asking the court to order an accounting, to surcharge (make the administrator repay) unauthorized withdrawals, or to return funds wrongly diverted from a surviving joint owner.
- Ask for temporary relief: If assets remain at risk, you can ask the court for an emergency order to freeze estate assets while the court considers the dispute.
- Remove the personal representative: If the administrator breached fiduciary duties (self-dealing, misappropriation, failure to notify heirs), you can ask the court to remove them and appoint a replacement.
- Civil claims: If funds were taken without authority you may have a conversion or unjust enrichment claim against the administrator. In serious cases, criminal theft or embezzlement complaint to law enforcement may be appropriate.
6. Where to file and what law applies
Probate disputes and petitions about personal representatives are handled in North Dakota state probate court. The North Dakota Century Code governs probate, fiduciary duties, and the court’s powers. The North Dakota court system also provides self-help and probate information for interested persons:
- North Dakota Century Code (search and table of contents)
- North Dakota Courts (general resource and self-help pages)
7. Practical timeline and next steps
- Request written bank records and a written explanation immediately (within days).
- If the bank refuses or the explanation is unsatisfactory, send a written demand to the administrator asking for an accounting (7–14 days).
- If the administrator does not respond, consult a probate attorney and consider filing a petition in probate court to compel an accounting or to seek injunctive relief.
- If funds are gone and evidence points to misconduct, consider reporting to local law enforcement while pursuing civil remedies through the probate court.
8. Evidence that strengthens your case
- Clear account title language (joint with right of survivorship, POD beneficiary).
- Bank records showing who withdrew funds and when.
- Letters or communications from the bank or administrator authorizing transfers.
- Probate court papers showing whether the administrator had formal appointment and the scope of authority.
9. Costs and likely outcomes
Probate litigation can take weeks to months and cost attorney fees. Many disputes are resolved by forcing an accounting and negotiating a settlement. If the court finds misconduct, it can order repayment, damages, removal of the administrator, and court-ordered fees.
10. How to find help
Look for a North Dakota probate or trust/estate attorney. If cost is a concern, contact the local court’s self-help center for forms and guidance, or a legal aid organization to see if you qualify for low-cost help.
Helpful Hints
- Act quickly. Banks move fast after deaths. Early requests for records are important.
- Get everything in writing. Email or certified letters create a paper trail.
- Ask the bank for the signature card and beneficiary designations — these documents often decide ownership.
- Don’t assume a closing was lawful. Ask for the administrator’s court appointment and the bank’s reliance documents.
- If you are a surviving joint owner, insist the bank explain why funds didn’t transfer to you automatically.
- Keep copies of all communications, statements, and court papers. These are key evidence if you must petition the court.
- If you cannot afford an attorney, contact the North Dakota courts or local legal aid to learn about low-cost options.