Short answer: If a person withdraws money from a deceased parent’s bank account or runs charges on a credit card after the parent’s death and the person was not legally entitled to those funds, the estate can usually try to recover the money. Recovery can occur through the probate process (by the personal representative) or through a civil lawsuit for conversion, unjust enrichment, or similar claims. Whether recovery is possible depends on how the account was titled, whether the withdrawer was an authorized signer or joint owner, whether there is a designated pay-on-death (POD) or beneficiary, and whether the withdrawer acted before a personal representative was appointed.

Who has the legal right to the money immediately after death?

The rights to money in bank or credit accounts depend on account type and ownership documents:

• Individual account with no co-owner and no POD/beneficiary: The funds generally become part of the decedent’s probate estate. Only the appointed personal representative (executor/administrator) can lawfully distribute or use those funds to pay estate debts and distribute to heirs.
• Joint account with right of survivorship: If the account is jointly owned with right of survivorship, the surviving joint owner usually becomes the account owner automatically and can lawfully use the funds. The estate generally cannot recover those funds from the surviving joint owner in that situation.
• POD or beneficiary-designated accounts: Payable-on-death or transfer-on-death designations typically pass directly to the named beneficiary and do not enter probate. The estate cannot recover funds given the beneficiary designation (unless there is evidence of fraud or forgery).
• Authorized signer or authorized user: An authorized signer on a bank account is not necessarily an owner—banks and courts look to documents. An authorized signer who withdraws funds after the account holder’s death may have taken funds without authority. Similarly, an authorized credit-card user is often not the account holder; unauthorized post-death charges can be challenged.

Common legal claims the estate can use to recover funds

If the withdrawer was not entitled to the money, the estate (through the personal representative) has several remedies under Oklahoma law and common civil doctrines:

• Petition in probate court: Ask the probate court to order an accounting of the decedent’s assets, freeze accounts, and require return of funds wrongfully taken. Probate is the normal forum to sort ownership of estate assets.
• Civil suit for conversion: Conversion is a claim for wrongful taking or use of someone else’s property. The estate can sue the person who withdrew or spent the money to recover the value plus possible interest.
• Unjust enrichment or constructive trust: If the withdrawer benefited unjustly, the court can impose a constructive trust or order restitution so the estate is made whole.
• Accounting and surcharge (against a fiduciary): If the person who took the money was acting as a fiduciary (for example, a personal representative or agent under a durable power of attorney who continued to act after death), the probate court can require an accounting and surcharge for breaches of fiduciary duty.
• Criminal referral: In some cases, the conduct may constitute theft or fraud under Oklahoma criminal statutes. The estate can report the conduct to law enforcement; criminal charges are a separate process and do not replace civil recovery.

Practical examples

Example 1 — Individual account: Mom had a single-owner bank account. After her death a child withdraws $20,000 without court authority. Because the account is part of Mom’s probate estate, the personal representative can ask the bank to freeze the account, demand return, and, if the child refuses, sue for conversion or seek relief in probate court.

Example 2 — Joint account: Dad and daughter had a joint account with rights of survivorship. After Dad’s death the daughter withdraws the funds. Usually the funds belong to the daughter as surviving co-owner and the estate cannot recover them.

Example 3 — Credit card: A spouse dies and an adult child (not an authorized user) charges $5,000 on the decedent’s credit card after the death. The estate can demand the card issuer reverse unauthorized post-death charges and can pursue the child for recovery if the issuer does not absorb the loss. The estate is generally responsible for valid obligations of the decedent, but not for charges made without authority after death.

How to proceed — immediate steps the estate should take

1. Obtain several certified copies of the death certificate from the county or state vital records office.
2. If you are the named personal representative, immediately provide the bank and card issuer with a death certificate and letters testamentary/letters of administration (once issued). Request that the bank freeze the account pending probate or accounting.
3. If you are an heir (not the personal representative) and you discover suspicious withdrawals, preserve records (bank statements, ATM receipts, communications), and do not spend the funds you believe to be estate property.
4. Demand return of the funds in writing. If the withdrawer refuses, consult a probate attorney about filing a probate petition or a civil suit for conversion/unjust enrichment or seeking a temporary restraining order/preliminary injunction.
5. Consider contacting the credit-card company to dispute any post-death charges and request reversal.
6. If you suspect criminal conduct, consider filing a police report after consulting an attorney. Criminal prosecution is controlled by the district attorney’s office.

Timing and statute of limitations

Act quickly. Different claims have different time limits. Probate moves on a court timetable; civil claims like conversion and unjust enrichment have statutes of limitations in Oklahoma that start running when the wrongful taking is discovered. Because timelines vary, prompt action protects the estate’s ability to recover funds.

Where to look in Oklahoma law

Key Oklahoma resources include the state probate statutes (Title 58 of the Oklahoma Statutes) and civil procedure rules. You can begin at the Oklahoma Legislature website for statutes and probate law resources: https://www.oklegislature.gov/

When recovery may be difficult or impossible

• If the withdrew person is a bona fide surviving joint owner or a named POD beneficiary, recovery is usually not available against them.
• If the bank honored a withdrawal before the bank received notice of death and the bank had no reason to suspect wrongdoing, the bank may have defenses; the estate may instead need to pursue the person who actually withdrew the funds.
• If the withdrawer has already spent the money and has no assets, a judgment may be of limited practical value even if the estate wins in court.

Costs and likely outcomes

Litigation costs can be substantial. Probate actions to recover small amounts may be better handled through demand letters, settlement negotiations, or small-claims actions where appropriate. For larger sums, filing in probate or district court to obtain an accounting and recovery is common. Courts can order repayment with interest and, in some situations, award attorneys’ fees.

Finding legal help

Because facts matter (account titles, beneficiary designations, timing of withdrawals, whether a personal representative was appointed), consult a probate attorney licensed in Oklahoma. A lawyer can evaluate the documents, estimate chances of recovery, and guide you through probate petitions or civil claims.

Helpful Hints

• Do not remove or spend suspected estate funds yourself — that can complicate recovery and expose you to liability.
• Get certified copies of the death certificate immediately; many institutions require one for any changes.
• Check account titles carefully (individual, joint, POD/beneficiary). The account title is often the deciding factor.
• Preserve all records: bank statements, online account screenshots, ATM receipts, and communications with the person who withdrew funds.
• Contact the bank and card issuer promptly to report unauthorized post-death activity and request a hold pending probate action.
• If the sum is small, weigh the cost of litigation versus settlement or small-claims procedures; sometimes demand letters and mediation resolve disputes.
• If someone acting as a fiduciary (agent, trustee, or personal representative) took funds wrongfully, the probate court has strong remedies for breach of fiduciary duty.
• Consider both civil and criminal remedies if the conduct appears fraudulent or willful — criminal charges may deter wrongful behavior and support civil recovery.
• Consult an Oklahoma probate attorney early to preserve claims and meet filing deadlines.