Detailed answer — your rights and practical steps under Oregon law

When a person who held a bank account dies, what happens to that account depends on the type of account, the bank’s policies, and whether a court appointed an administrator for the decedent’s estate. An administrator generally has authority over estate property, not property that passed automatically on death to another person. If an administrator closed an account that belonged to a surviving joint owner or to a named beneficiary, you can challenge that action.

1. Identify what kind of account it was

Collect documents (statements, the account agreement, checkbook, passbook). Look for language showing one of these common statuses:

• Joint account with right of survivorship: These accounts typically pass automatically to the surviving joint owner and are not estate assets.
• Payable-on-death (POD) or “transfer on death” (TOD): A named beneficiary receives the funds outside of probate.
• Sole-owner account or account in estate name: These accounts usually belong to the estate and the administrator can control them once appointed.
• Authorized signer but not owner: An authorized signer (someone allowed to write checks while the owner was alive) usually does not own the funds after the owner dies.

2. Ask the bank for written explanation and records

Request in writing the bank’s reason for closing or distributing the account, the account agreement, and copies of relevant transaction records. Ask whether the bank saw letters of administration or other court papers before acting.

3. Check the probate file and the administrator’s authority

If a court-appointed administrator claims authority, you can view the probate case file at the county circuit court where the decedent’s estate is being handled. The court file should show letters of appointment or other documents that define the administrator’s authority and any orders about estate assets.

4. Try to resolve the issue quickly and in writing

Send a written demand to the administrator and the bank stating your position (for example, that the account did not belong to the estate) and request a prompt accounting. Keep copies of everything and use tracked mail or email with delivery/read receipt.

5. If the administrator won’t cooperate, consider court remedies

Options in Oregon typically include:

• Objection in probate court: File an objection or petition in the probate case asking the court to order an accounting or to determine ownership of the account. The probate judge can order the administrator to produce records or return funds improperly taken.
• Motion to compel an accounting: Ask the court to require the personal representative to file a full accounting and to explain transfers.
• Petition for removal or surcharge: If the administrator misused estate property, you can ask the court to remove the administrator or to surcharge (financially penalize) the administrator for wrongful distributions.
• Civil claim for conversion or replevin: If funds were converted (taken or used unlawfully), you may have a civil claim against the administrator or others who received or disposed of the money.
• Emergency motions: If assets are at immediate risk, the court can issue temporary relief (for example, an order preserving assets) while the dispute is resolved.

6. Preserve evidence and act promptly

Probate and civil actions have time-sensitive steps. Preserve all records (statements, emails, letters, copies of the death certificate, and any court papers). Acting quickly makes it easier to stop further distribution or spending.

7. Consider criminal or regulatory referral in extreme cases

If funds were stolen, misappropriated, or the administrator engaged in fraudulent acts, you may also be able to report the conduct to local law enforcement or request the district attorney review the case. A civil claim in probate court can run alongside potential criminal investigation, but consult a lawyer before taking steps that could affect either process.

Where to find official Oregon information and forms

Use these state resources for forms, procedures, and further reading:

• Oregon Judicial Department — Probate program and forms: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx
• Oregon Revised Statutes (official statutes, searchable): https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx
• Oregon State Bar — public resources about probate and how to find a lawyer: https://www.osbar.org/public/

These sites explain how personal representatives are appointed and what authority the court grants them. The probate clerk can tell you whether a case was opened and what papers were filed.

When to talk to a lawyer

If the amount at issue is substantial, the administrator refuses to account, funds are already missing, or the bank relied on incorrect documentation, consult an attorney experienced in Oregon probate and estate litigation. An attorney can draft court pleadings (objections, petitions, emergency motions) and advise about timing, likely outcomes, and costs.

Helpful Hints

• Gather basics first: death certificate, account numbers, recent statements, copy of the account signature card or agreement if you can get it.
• Ask the bank for written reasons and document any phone calls (date, time, who you spoke with, what was said).
• Check whether the account named a surviving joint owner or a POD/TOD beneficiary — those usually get funds outside probate.
• Look up the probate case at the county circuit court to see if letters of administration exist and what powers were granted to the administrator.
• Send written demands by certified mail or tracked email so you have proof of delivery.
• Preserve records — don’t delete emails or dispose of documents; courts expect full disclosure.
• If you need urgent relief (assets being dissipated), ask a lawyer about filing an emergency petition for temporary orders in probate court.
• Use official sources for procedural steps: Oregon Judicial Department forms and local court clerk guidance are reliable starting points.
• Keep communications civil; courts generally respond better when parties attempt to resolve issues before escalating to litigation.