Detailed Answer
If a personal representative (often called an administrator) closed a joint bank account that belonged to your deceased parent without telling the heirs, you have several ways to challenge that action under Ohio law. The exact path depends on how the account was titled, whether the administrator was lawfully appointed, whether the administrator followed probate procedures, and whether funds were misused.
Step 1 — Identify the account type and obtain records
Different account types give different rights. Collect these documents from the bank immediately:
- The account signature card and account title showing how the account was held (for example, “joint tenants with right of survivorship,” “joint tenant,” or “for convenience”).
- All statements, deposit/withdrawal records, copies of any account closure forms, and any communications between the bank and the personal representative.
- Any documents the bank relied on to close or disburse the funds (letters of administration, a death certificate, or a copy of a will and probate court filings).
Most banks will provide this information in response to a written request from an heir or from the probate court. Request certified copies and preserve originals if the bank offers them.
Step 2 — Figure out who owns the funds under the account title
Common categories:
- Joint account with right of survivorship: When properly titled, the surviving joint owner typically owns the funds automatically at the moment of death. The funds usually do not pass through probate.
- Convenience account or agent account: If the decedent added someone so that person could pay bills, the decedent may still own the funds; the co-holder had limited access only for the decedent’s benefit.
- Payable-on-death (POD) or Totten trust: Funds go directly to the named beneficiary and avoid probate.
Which category applies determines whether the administrator had authority to close or take the funds.
Step 3 — Challenge the administrator in probate court
If an administrator took control of the funds through the probate process or otherwise acted as decedent’s personal representative, you can go to the probate court that has jurisdiction where the decedent lived and:
- Request an accounting or file a motion to compel an accounting of estate receipts and disbursements. An accounting shows what the administrator did with estate assets.
- File an objection to the administrator’s actions or a petition to surcharge the administrator if you believe they improperly took or wasted estate assets.
- Ask the court to remove the administrator and appoint a different personal representative if the administrator breached fiduciary duties.
Probate procedures, filing forms, and timelines are controlled by Ohio statutes and local probate court rules. See Ohio Revised Code chapter for personal representatives for guidance: Ohio Rev. Code ch. 2109. Rules on distribution and claims are in: Ohio Rev. Code ch. 2113.
Step 4 — Civil claims and possible criminal referral
If the administrator used estate funds for a wrongful purpose or converted funds for personal use, heirs may have remedies:
- File a civil suit against the administrator for conversion, breach of fiduciary duty, or unjust enrichment seeking return of funds and damages.
- Ask the probate court to surcharge the administrator (make them repay the estate) if the court finds mismanagement.
- If theft or fraud is suspected, report facts to local law enforcement or the county prosecutor for possible criminal investigation.
Step 5 — Potential claims against the bank
If the bank closed or paid out the account incorrectly (for example, paid estate funds to the administrator despite a valid survivorship right in favor of another joint owner), heirs may have claims against the bank for improper payment. Banks usually request and rely on letters of administration or court orders before releasing funds; if the bank released funds without proper documentation, it may share liability.
Timing and deadlines
Act promptly. Probate proceedings and claims against fiduciaries or banks can have short deadlines and strict notice requirements. Even if you are unsure whether you have a claim, preserve evidence, request bank records, and consult the probate court clerk about filing deadlines.
When to consult an attorney
Consult a probate or estate litigation attorney if:
- Large sums of money are at issue.
- You suspect the administrator misused or converted funds.
- You need help filing court motions or pursuing a civil claim.
An attorney can confirm whether the account was survivorship or probate property, advise on the right claims, prepare petitions or civil complaints, and represent you in hearings.
Helpful Hints
- Preserve evidence: Keep copies of all bank correspondence, death certificate copies, and any probate documents you can obtain.
- Get bank records fast: Banks sometimes purge records. Request certified copies of the signature card and all transaction history.
- Check the account title carefully: The wording on the signature card controls ownership rights more than the statement heading.
- Contact the probate court clerk: The clerk can explain local filing procedures, provide forms, and tell you which judge handles estate matters.
- Ask for an accounting in writing: If the administrator won’t provide one voluntarily, file a formal request with the probate court.
- Document communications: Keep a dated record of all communications with the bank and the administrator.
- Consider alternate remedies: If probate will not reach the funds (because of survivorship or POD designation), a civil claim against the bank or administrator may be the only remedy.
Disclaimer: This article explains common Ohio procedures and is for educational purposes only. It is not legal advice, and nothing here creates an attorney–client relationship. For advice about your specific situation, consult a licensed Ohio attorney or contact the probate court in the county where the decedent lived.