Short answer

Yes — under Pennsylvania law you can take steps to stop and challenge a person who is using funds from a deceased parent’s bank account before any court has appointed an administrator. Your options depend on how the account is titled (sole, joint, payable-on-death, etc.), whether the withdrawals are lawful, and whether the bank has been notified of the death. Immediate actions can include notifying the bank, preserving evidence, and filing emergency petitions in the Orphans’ Court (county probate court) to secure the assets. These are time-sensitive steps; you should act promptly to protect estate property.

Detailed answer — how this works in Pennsylvania

1. Who owns the account right after death?

Ownership depends on the account type:

• If the account was solely in the decedent’s name, the balance becomes part of the decedent’s estate. Only a court-appointed personal representative (executor or administrator) has authority to use estate funds for mortgage payments or other estate obligations.
• If the account was joint with rights of survivorship, the surviving co-owner typically becomes the sole owner automatically and the money is not estate property. (Banks often treat joint accounts as survivorship accounts.)
• If the account was payable-on-death (POD) or had a named beneficiary, those funds pass to the beneficiary outside of probate.

Because consequences depend entirely on the account type, your first step is to determine how the account was titled.

2. What banks typically do when a depositor dies

Banks generally freeze an account when they receive a death certificate or written notice of death. They will not release funds without proper authority (letters testamentary/letters of administration) or documentation showing survivorship or beneficiary rights. Contacting the bank early can sometimes stop further withdrawals.

3. If a sibling is withdrawing funds from a solely owned account

If the account belonged solely to the decedent, a sibling who withdraws funds before appointment as administrator may be committing conversion (wrongful taking) of estate property. In Pennsylvania you can petition the court to protect the assets and to seek recovery. Common emergency remedies include:

• Requesting a temporary restraining order or injunction from the Orphans’ Court to halt further distributions or transfers.
• Filing for sequestration of the disputed funds or assets so the money is preserved for the estate.
• Asking the court for an expedited appointment of a personal representative (temporary or interim) if necessary to provide authority to manage and protect estate property.

4. Practical steps you should take now (time-sensitive)

1. Determine account title. Ask the bank for a copy of the account signature card and account title (if they will provide it to an interested party). If the bank refuses, you can still move forward with court action.
2. Notify the bank in writing that the depositor is deceased and request that the bank freeze the account pending court order. Send a copy of the death certificate if you have it.
3. Gather evidence: bank statements, copies of any withdrawals or checks, texts/emails/letters showing your sibling’s actions, mortgage statements, and a death certificate.
4. Contact the mortgage lender. Explain the situation. The lender’s priority is payment; you may be able to arrange direct payment to them (to avoid foreclosure) while preserving any reimbursement claim against the estate or sibling.
5. File a petition in the county Orphans’ Court (or ask the Register of Wills how to proceed) asking for emergency relief: an order freezing the account, sequestration, or expedited appointment of an administrator.

5. Common legal remedies under Pennsylvania law

• Petition for sequestration or preservation of estate assets (Orphans’ Court relief).
• Action for conversion or unjust enrichment to recover funds wrongfully taken.
• Request for an accounting and surcharge against a person who improperly used estate funds once they become the personal representative.
• Petition for interim or immediate letters of administration if no one is acting to protect the estate.

6. Who files what and where?

Probate and estate disputes are handled in the county-level Orphans’ Court or probate court in Pennsylvania. The Register of Wills in the county where the decedent lived will accept filings to open an estate. If you need immediate protection, file a petition in Orphans’ Court requesting emergency relief (asset freeze, sequestration, emergency appointment). You may also bring a civil claim in the Court of Common Pleas if appropriate.

7. Timing, costs, and practical choices

Time is important. If mortgage payments stop, the lender may start foreclosure procedures. Sometimes the quickest practical solution is to arrange payment to the mortgage company (personally or through another temporary source) to avoid foreclosure, then pursue recovery from the estate or from the sibling later. Weigh the cost of litigation and court filing against the risk of losing the property.

8. Evidence you will need

• Death certificate
• Bank statements and records of the withdrawals
• Account title documentation (signature card, account agreement)
• Mortgage statements and payoff information
• Communications with the sibling and the bank

Important Pennsylvania law resources

General statutory framework for decedents’ estates is found in Title 20 of the Pennsylvania Consolidated Statutes: 20 Pa.C.S. (Decedents, Estates and Fiduciaries). For local probate procedures and Orphans’ Court practice, use the Pennsylvania Courts site: Pennsylvania Courts. Your county Register of Wills can explain how to open the estate and apply for letters of administration.

When to get a lawyer

Get a lawyer if:

• The sibling has withdrawn a substantial portion of estate assets.
• There is a risk of foreclosure or other irreparable loss.
• You need emergency court relief (freeze, sequestration, expedited appointment).
• Title is disputed (joint versus sole, or conflicting beneficiary claims).

An attorney can file emergency petitions, draft pleadings, and represent you in Orphans’ Court.

Disclaimer

This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Pennsylvania attorney who handles probate and estate litigation.

Helpful Hints

• Act quickly: banks and courts respond more favorably when you move fast to preserve assets.
• Confirm the account title. The difference between a sole account and a joint account often decides the case.
• Notify the bank in writing and request a hold; provide a death certificate when available.
• Communicate with the mortgage lender to avoid foreclosure while you sort out estate authority.
• Keep copies of everything: statements, letters, emails, and notes of phone calls (date, time, person).
• Consider short-term solutions (paying mortgage to protect the property) while pursuing recovery through the estate or court.
• Contact your county Register of Wills for instructions to open the estate and file for letters of administration.