What to do if someone else is using a deceased parent’s bank or credit card accounts (Ohio)

Short answer: Act quickly. Notify the banks and card issuers, gather the death certificate and proof of your authority, consider opening probate (or using a small‑estate procedure if available), and report any suspected theft to the bank and police. If someone is accessing accounts without authority, you may need to obtain letters of authority from the probate court and pursue civil or criminal remedies under Ohio law.

Disclaimer: This is educational information only and not legal advice. Consult a licensed Ohio attorney for advice about your specific situation.

Detailed answer — step‑by‑step under Ohio law

1) Immediately secure information and documents

Collect these documents and information before contacting banks or a lawyer:

• Certified copies of the decedent’s death certificate (order several certified copies from the funeral home or the county health department).
• The decedent’s will (if any) and any document naming an executor or personal representative.
• Account numbers, recent bank statements, credit card statements, and contact information for each financial institution.
• Your photo ID and proof of your relationship to the decedent (as available).

2) Contact banks and credit card companies

Call each bank, credit card issuer, and payment provider right away. Tell them the account owner died and request that they freeze or restrict access to the account(s) to prevent further withdrawals or charges. Most institutions will ask for a certified death certificate and will not release funds until they see proper proof of authority (for example, letters testamentary or letters of administration issued by the probate court).

3) Understand how account ownership affects access

• Individual accounts: Controlled by the decedent’s estate. The bank usually requires probate documents before distributing funds.
• Joint accounts with right of survivorship: Surviving co‑owner generally becomes sole owner outside probate. If a joint owner is misusing funds, banks should act on evidence of misuse.
• Payable‑on‑death (POD) / Transfer‑on‑death / designated beneficiary accounts: Funds pass directly to the named beneficiary and generally do not go through probate.
• Authorized users or cards issued to others: An authorized user on a credit card is not automatically obligated for the debt unless they co‑signed. But the account should be closed after death and the issuer should be notified.

4) If the estate has not been opened, begin probate or use a small‑estate procedure

To get legal authority to manage and distribute the decedent’s assets you normally need to be appointed by the probate court as the executor or administrator. Once appointed, the court issues letters of authority (letters testamentary or letters of administration) that banks rely on.

Ohio also provides procedures for smaller estates and summary administration. See Ohio’s estate administration rules in the Ohio Revised Code. For more on estate administration and small‑estate procedures, see Ohio Revised Code, Chapter 2117 (administration) and Chapter 2113 (descent and distribution):

• Ohio Revised Code, Chapter 2117 — Administration of Estates
• Ohio Revised Code, Chapter 2113 — Descent and Distribution

If you are appointed, present the court’s letters to the bank and the issuer; that usually gives you the authority to access estate funds, pay bills from the estate, and close accounts.

5) If someone is using accounts without authority — criminal and civil options

If someone is continuing to withdraw funds or make charges after the account holder’s death and they lack authority, that may be theft, conversion, or unauthorized use. In Ohio, the theft statute (criminal) is found at:

• Ohio Revised Code § 2913.02 — Theft

Practical steps:

• Report suspected theft to the bank and request immediate account freezes and an investigation.
• File a police report with the local law enforcement agency so they can investigate potential criminal activity. Provide copies of statements and a record of unauthorized transactions.
• Preserve evidence: copies of statements, dates/times of withdrawals/charges, names of the persons involved, and any written communications.
• Talk to the prosecutor’s office or a lawyer about whether to pursue criminal charges and/or a civil lawsuit for conversion (wrongful taking) or unjust enrichment.

6) How credit card balances and debts are handled

Generally, debts of the deceased are paid from estate assets. Family members are not personally responsible for the decedent’s unpaid debts unless they were joint account holders or co‑signers. If someone else is using credit cards after death, notify the issuer immediately so they can close the account and investigate fraudulent charges.

7) Timing and practical expectations

Be prepared for the following timeline:

• Immediate: Notify financial institutions and request holds on accounts. Order death certificates.
• Within days to weeks: File a petition for probate if required; obtain letters of authority.
• Banks may take several days to review documents before releasing or transferring funds. Fraud investigations can extend the timeline.

8) When to consult an attorney

Get an Ohio probate/estate attorney if any of the following apply:

• Someone is actively withdrawing or spending funds without authority and the amounts are significant.
• The estate is large or there are disputes among heirs about who should be the personal representative.
• There are allegations of theft or fraud requiring criminal referrals or civil suits.
• The bank refuses to cooperate even after you have court‑issued letters.

An attorney can help you file for appointment with the probate court, obtain letters of authority, send formal demands, and, if needed, file civil or criminal complaints.

Helpful Hints

• Order several certified death certificates immediately — banks almost always require them.
• Do not sign or destroy the decedent’s mail or financial records. Preserve statements as evidence.
• Avoid confronting suspected wrongdoers alone — make interactions documented and bring a witness.
• If a bank customer service rep delays, ask to escalate to the bank’s estate or legal department.
• Check credit reports for the decedent and for yourself to detect identity theft or account misuse.
• Keep a written timeline of unauthorized transactions and your communications with the bank, police, and others.
• Remember: joint account holders generally retain rights to joint accounts, but authorized users do not; clarify the account type with the bank.
• If you can’t afford a lawyer, contact local legal aid or the county probate court for guidance about forms and processes.

Quick checklist you can follow now

1. Order certified death certificates.
2. Contact each financial institution; request an immediate freeze and report unauthorized transactions.
3. Gather account statements and evidence of misuse.
4. File a petition in the county probate court to be appointed personal representative (if needed).
5. If funds are being taken illegally, file a police report and notify the bank’s fraud unit.
6. Consult an Ohio probate or estate attorney about next steps.

Relevant Ohio legal resources:

• Ohio Revised Code § 2913.02 — Theft (criminal statute)
• Ohio Revised Code, Chapter 2117 — Administration of Estates
• Ohio Revised Code, Chapter 2113 — Descent and Distribution

If you want, tell me which county the probate would be filed in and whether a will exists. I can outline the typical forms and next steps for that county or draft a short checklist of documents to bring to the probate court.