FAQ: How unauthorized charges to a parent’s estate are handled in Ohio probate

Short answer: If someone has made unauthorized charges against a decedent’s estate in Ohio, beneficiaries or the estate’s personal representative can challenge those charges through the probate court. Remedies include requiring the fiduciary to provide a full accounting, reversing or repaying improper withdrawals (a surcharge), removal of the personal representative, civil recovery for breach of fiduciary duty, and — when appropriate — referral for criminal prosecution. This process is governed by Ohio probate law and handled in the probate court where the estate is opened.

Detailed answer — how the probate process deals with unauthorized charges

1. Who owes duties and what counts as an unauthorized charge?

When a person is appointed as an executor or administrator (called a personal representative or fiduciary), Ohio law imposes fiduciary duties: to preserve estate assets, to act prudently, to keep accurate records, and to use estate funds only for authorized estate purposes. Examples of unauthorized charges include personal withdrawals, transfers to the fiduciary’s personal account without court approval, payments to third parties with no reasonable estate purpose, or inflated/false expenses.

2. Who can challenge unauthorized charges?

People who can challenge improper charges include beneficiaries named in the will, heirs at law if there is no will, creditors with valid claims (in limited circumstances), and co-personal representatives. If no one else acts, a beneficiary or heir can petition the probate court to act on the estate’s behalf.

3. Typical probate steps to address the problem

• Request or petition for a formal accounting. Ohio law and probate practice give beneficiaries the right to request a written accounting of income, expenses, and distributions from the personal representative. The court can order a formal fiduciary accounting if necessary.
• File objections or exceptions to the accounting. If the accounting shows unauthorized charges, a beneficiary can object and ask the court to disallow those items.
• Motion for surcharge or money judgment. The court can order the personal representative to repay estate funds improperly taken, plus interest or attorney fees in some cases.
• Request removal of the personal representative. If misconduct or incapacity is shown, the court may remove and replace the fiduciary.
• Bring a civil action for breach of fiduciary duty. If the probate remedies are insufficient, beneficiaries can sue the fiduciary in probate or civil court to recover losses.
• Referral for criminal investigation. If the charges are theft, embezzlement, or fraud, the probate court or beneficiaries may notify law enforcement. Prosecutors, not the probate court, decide whether to bring criminal charges.

4. Timing and procedural notes

Probate has deadlines for creditors and for estate administration steps. Do not assume a problem will resolve itself—early action preserves evidence and may prevent wrongful distributions to third parties. Because timing matters, ask the probate court clerk for filing deadlines and consider prompt legal help.

5. What the court looks for

The court will examine whether the charge was authorized by the will, by court order, or by statute; whether the expense was reasonable and necessary for estate administration; and whether the fiduciary kept adequate records and provided transparent accounting. If the fiduciary cannot justify the charge, the court can reverse it and hold the fiduciary personally liable for repayment.

6. Ohio statutes and authorities

Ohio law covering fiduciary duties, administration, accounting, and actions involving executors and administrators is found in the Ohio Revised Code, chapters dealing with fiduciaries and probate administration. For general statutory guidance see Ohio Revised Code Chapter 2109 (administration and liabilities of fiduciaries): https://codes.ohio.gov/ohio-revised-code/chapter/2109, and provisions on actions by or against executors and administrators in Chapter 2113: https://codes.ohio.gov/ohio-revised-code/chapter/2113. Creditor claims and related procedures appear in Chapter 2117: https://codes.ohio.gov/ohio-revised-code/chapter/2117. These chapters explain the court’s powers to require accountings, surcharge fiduciaries, and allow actions against personal representatives.

7. Possible outcomes

• Repayment by the fiduciary (surcharge) to the estate.
• Restitution to the estate plus interest and court costs.
• Removal or replacement of the fiduciary.
• Civil judgment for breach of fiduciary duty.
• Criminal charges if the conduct amounts to theft, embezzlement, or fraud.

When to involve counsel or law enforcement

Get a probate attorney when the amounts are substantial, when the fiduciary refuses to produce records, when assets are disappearing, or when you want to petition the court for removal, surcharge, or a formal accounting. Contact law enforcement or the county prosecutor if you have clear evidence of theft or fraud.

Helpful Hints

• Preserve documents. Save bank statements, canceled checks, emails, and any communication about estate transactions.
• Request an itemized estate accounting in writing from the personal representative. Keep a dated copy of your request.
• Get certified copies of the will, the Letters Testamentary/Letters of Administration, and the filed inventory from probate court.
• Do not accept verbal explanations as final. Ask for documentary proof of every expense attributed to the estate.
• Contact the probate court clerk for information on procedures and filing requirements in your county.
• Act quickly. Delays can make recovery harder and may run into procedural deadlines.
• Consider mediation if the dispute is limited and parties are willing to negotiate before costly litigation.
• If you report suspected criminal conduct, provide copies of your evidence to the prosecutor rather than sending originals.

Disclaimer: This article explains general information about Ohio probate processes and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Ohio attorney who handles probate and fiduciary litigation.