Understanding Unauthorized Charges in a Parent’s Estate (Pennsylvania)

Short answer: If someone (including a personal representative/executor, family member, or caregiver) makes unauthorized charges to your parent’s estate, Pennsylvania’s probate system provides civil and sometimes criminal ways to challenge those charges. You can demand an accounting, file exceptions or a surcharge action in Orphans’ Court, seek removal of the fiduciary, recover money from the fiduciary or the fiduciary’s bond, and refer criminal misconduct to law enforcement.

Detailed answer: How the Pennsylvania probate process deals with unauthorized charges

1. Who handles the estate during probate?

When a person dies, the court appoints a personal representative (often called an executor or administrator) to collect assets, pay debts, and distribute property under Pennsylvania law (see Title 20 of the Pennsylvania Consolidated Statutes for decedents’ estates). The personal representative has fiduciary duties to estate beneficiaries and must follow the law and court orders when spending estate funds. See 20 Pa.C.S., Title 20: Decedents, Estates and Fiduciaries: https://www.legis.state.pa.us/cfdocs/legis/LI/cons_check.cfm?txtType=HTM&ttl=20.

2. What counts as an unauthorized charge?

Unauthorized charges include personal withdrawals from estate bank accounts, unapproved payments to family members or vendors, payments for services without contracts or receipts, or transfers of estate assets for the fiduciary’s personal benefit. Some charges could be legitimate estate expenses (funeral, debts, tax payments, repairs necessary to preserve value), but the fiduciary should document and justify each payment in the estate inventory and accounting.

3. First practical step: get the inventory and accounting

Ask the register of wills or the personal representative for the estate inventory and the accountings filed with the court. In Pennsylvania, probate and Orphans’ Court procedures let interested persons inspect filings and request formal accountings. If the fiduciary has not provided a timely accounting, you can ask the court to compel one. See the Orphans’ Court rules and local procedures for how to request or object to accountings: https://www.pacourts.us/rules-and-legal-research/rules-of-court/orphans-court-rules.

4. Challenge the charges in Orphans’ Court: Exceptions and Surcharge

If you find unauthorized charges in the accounting, you can file exceptions (objections) to the account or a surcharge petition in the Orphans’ Court (the division of the Court of Common Pleas that handles estate matters). A surcharge is a court order requiring a fiduciary to repay estate funds when the fiduciary breached duty (for example, by making improper withdrawals). The court can:

• Order the fiduciary to repay improper amounts to the estate.
• Remove the fiduciary and appoint a successor.
• Hold the fiduciary personally liable for losses and interest.
• Require the fiduciary’s surety (the executor’s bond) to cover losses if the fiduciary is bonded.

5. Use the fiduciary bond and creditors’ procedures

Many personal representatives post a fiduciary bond to protect the estate from mismanagement. If the court finds misconduct, it can require the bonding company to pay up to the bond amount. Also, creditors and creditors’ claims procedures can affect asset distribution. Review Title 20 for provisions governing fiduciary duties, bonds, and accountings: https://www.legis.state.pa.us/cfdocs/legis/LI/cons_check.cfm?txtType=HTM&ttl=20.

6. When to involve law enforcement

If charges represent theft, embezzlement, or fraud, you can report the conduct to law enforcement or the district attorney’s office. Pennsylvania’s criminal code (Title 18) defines theft, embezzlement, and related offenses; criminal prosecution can run alongside civil surcharge actions. See Title 18 (Crimes Code) for relevant criminal provisions: https://www.legis.state.pa.us/cfdocs/legis/LI/cons_check.cfm?txtType=HTM&ttl=18.

7. Evidence and proof

To prevail, you must provide documentation showing the charges were unauthorized: bank records, canceled checks, invoices, contracts, emails, receipts (or their absence), testimony from vendors or witnesses, and the fiduciary’s accounting. The court evaluates whether payments were reasonable, necessary for estate administration, or self-dealing.

8. Typical outcomes and remedies

The court can order any combination of the following remedies:

• Repayment to the estate (surcharge) with interest.
• Replacement of the personal representative and appointment of a new fiduciary.
• Payment from the personal representative’s bond.
• Damages for breach of fiduciary duty and court costs.
• Referral for criminal prosecution when evidence supports theft or fraud.

9. Timing: act promptly

Act quickly. The longer you wait, the harder recovery can become. While specific deadlines vary by proceeding and local rules, beneficiaries should review filings, request an accounting, and consult the Orphans’ Court rules without delay. The Pennsylvania Orphans’ Court rules and local rules of the Court of Common Pleas guide the procedural deadlines: https://www.pacourts.us/rules-and-legal-research/rules-of-court/orphans-court-rules.

10. Example (hypothetical)

Suppose an executor withdraws $12,000 from the estate account and pays it to a contractor for “roof repairs” but provides no contract or receipts and the home did not need repairs. A beneficiary who discovers this can request the accounting, file exceptions to the account, and ask the Orphans’ Court to surcharge the executor for $12,000 plus interest and attorney’s fees. If the court finds self-dealing, it can remove the executor, order reimbursement, and require the bonding company to cover losses.

Helpful hints

• Request the estate inventory and the fiduciary’s accountings from the register of wills or clerk of Orphans’ Court.
• Keep copies of bank statements, cancelled checks, invoices, emails, and communications that show unauthorized spending.
• Ask the fiduciary for receipts and explanations in writing before filing court action.
• Check whether the fiduciary posted a bond; if so, a successful surcharge may be paid from the bond.
• File exceptions to accountings promptly under Orphans’ Court procedures—don’t wait until distributions are complete.
• If funds appear stolen, preserve evidence and consider reporting to the district attorney or local police.
• Contact an attorney experienced in Pennsylvania probate and fiduciary litigation to evaluate your options and file necessary petitions in Orphans’ Court.

Where to find official resources

• Pennsylvania Consolidated Statutes, Title 20 (Decedents, Estates and Fiduciaries): https://www.legis.state.pa.us/cfdocs/legis/LI/cons_check.cfm?txtType=HTM&ttl=20
• Pennsylvania Consolidated Statutes, Title 18 (Crimes—if you suspect theft): https://www.legis.state.pa.us/cfdocs/legis/LI/cons_check.cfm?txtType=HTM&ttl=18
• Orphans’ Court rules and local court procedures: https://www.pacourts.us/rules-and-legal-research/rules-of-court/orphans-court-rules
• Information about registers of wills and Orphans’ Court on the Pennsylvania courts site: https://www.pacourts.us/courts/courts-of-common-pleas/register-of-wills

Next practical steps

1. Collect and preserve documentation (bank records, receipts, communications).
2. Request the estate’s inventory and accountings from the register of wills or personal representative.
3. If accounting is missing or charges look improper, consult an attorney and consider filing exceptions or a surcharge petition in Orphans’ Court.
4. If theft is suspected, contact local law enforcement or the district attorney after consulting counsel.

Disclaimer: This article explains general Pennsylvania probate processes and is for educational purposes only. It does not constitute legal advice. Laws change and every situation differs—consult a licensed Pennsylvania attorney to get advice tailored to your case.