Short answer

Under Ohio law, a person is not automatically entitled to use a deceased person’s sole bank account. The authority to manage estate assets generally belongs to the court-appointed administrator (or executor). If your sibling is withdrawing funds from your deceased parent’s account before being appointed administrator, you may have options: ask the bank for account records, seek a temporary/provisional appointment from probate court, ask the court to freeze the account, or bring civil (and sometimes criminal) claims for wrongful use. See Ohio’s rules on estate administration for more detail: Ohio Rev. Code Chapter 2117 and descent/distribution: Ohio Rev. Code Chapter 2113.

Detailed answer — what Ohio law says and what you can do

1. Who legally controls the deceased person’s bank accounts?

When someone dies, their power of attorney ends. Control of the deceased person’s property normally passes to the estate. Only a person with legal authority from the probate court (the appointed executor or administrator) has routine authority to collect, manage, and distribute estate assets. The probate statutes and rules govern appointment and duties; see Ohio Rev. Code Chapter 2117.

2. Exceptions: joint accounts and named beneficiaries

Not all accounts become part of the probate estate. Two common exceptions are:

• Joint accounts with rights of survivorship. If the account was jointly owned and included survivorship rights, the surviving co-owner may retain the funds outside probate.
• Payable-on-death (POD) or transfer-on-death (TOD) designations. Funds pass directly to the named beneficiary and are not estate property.

Bank records and the account agreement will show whether one of these exceptions applies. If an account is solely in the decedent’s name and has no beneficiary or survivorship right, it is part of the probate estate.

3. Can a sibling use funds to pay the mortgage before appointment?

Generally no—unless the sibling was a joint owner or beneficiary, or unless the bank gives permission. A sibling who takes funds from a sole account without court authority may be exposing themselves to claims for conversion, constructive trust, or other remedies. However, courts sometimes allow temporary measures where immediate action protects estate assets (for example, to maintain property or prevent loss).

4. Immediate steps you can take in Ohio

1. Get basic information from the bank. Ask the bank for the account type (sole, joint, POD) and a recent statement. Banks will usually require a death certificate before releasing details, but they can confirm whether a beneficiary or co-owner exists.
2. Collect documents. Get the death certificate, any will, mortgage statements, and recent bank statements. These are needed if you file anything with probate court.
3. Contact the probate court clerk. Explain the situation and ask about filing an emergency petition or seeking temporary authority. Ohio probate courts handle urgent matters about estate property under the estate administration statutes: Ohio Rev. Code Chapter 2117.
4. Consider filing for temporary or permanent appointment. Any interested person (including heirs) can petition the probate court to be appointed administrator. If the estate needs immediate protection, ask the court for expedited consideration or for a temporary restraining order or receiver over estate funds.
5. Ask the court to freeze the account or require an accounting. Probate judges can issue orders protecting estate assets while the administration proceeds.

5. Remedies if your sibling already took money

You may be able to pursue several legal remedies:

• Demand an accounting and restitution through the probate court. If someone is acting as an informal fiduciary, the court can require a formal accounting and may order funds returned.
• Petition the court to appoint a temporary administrator or special fiduciary to secure estate assets.
• File a civil claim for conversion or unjust enrichment in a court of competent jurisdiction if the withdrawals were unauthorized.
• In some cases, law enforcement may pursue theft charges for wrongful taking of funds. You can report suspected criminal conduct to authorities; prosecutors decide whether to charge.

6. Timing and practical considerations

Act promptly. Evidence such as bank statements, transaction details, and communications can disappear or be altered. The probate court can sometimes issue immediate orders to prevent dissipation of estate assets. While banks sometimes allow a person to continue paying household bills (mortgage, utilities) after a death, that does not substitute for court authority and could be reversed by the court.

7. When to consult an attorney

If the amount at issue is significant, if your sibling refuses to cooperate, or if urgent court action seems necessary, consult an attorney experienced in Ohio probate and estate litigation. An attorney can help prepare and file a petition for appointment, request emergency relief, and advise whether a civil or criminal referral is appropriate.

Helpful Hints

• Check the account title: joint accounts and POD designations typically avoid probate. Ask the bank for written confirmation.
• Obtain certified copies of the death certificate quickly; banks and courts will require them.
• Document every transaction: save statements, take screenshots, and keep notes of conversations with your sibling and with the bank.
• Contact the local probate court clerk and ask about emergency or temporary appointment procedures before filing an expensive lawsuit.
• If you file a petition, include all interested parties (heirs, beneficiaries, creditors) to avoid later disputes about notice.
• If funds have already been withdrawn, ask the court for an accounting and consider immediate injunctive relief to preserve remaining assets.
• Keep emotions in check. Courts focus on documents and law, not family blame.

Checklist: what to bring when you seek court help

• Certified death certificate(s).
• Copy of any will or estate planning documents, if available.
• Recent bank statements showing withdrawals and balances.
• Mortgage statements and creditor contact information.
• List of potential heirs and their contact information.
• Evidence of joint ownership or beneficiary designations (if any).