Disclaimer: This is general information, not legal advice. Consult a licensed Pennsylvania attorney for guidance about your situation.
Detailed answer — immediate and legal steps to regain control of a deceased person’s bank and credit card accounts in Pennsylvania
When a person dies, their financial accounts do not automatically become available for anyone else to use. Pennsylvania law requires that someone with legal authority—either the personal representative named in a will (executor) or an administrator appointed by the court—collect assets, pay debts, and distribute the estate. If someone else is using accounts after the death, take prompt action to protect assets and preserve claims.
1. Move quickly: preserve evidence and stop further misuse
- Obtain several certified copies of the death certificate from the county Vital Records office or Register of Wills. Banks and card companies require a certified death certificate to act.
- Contact the bank and credit card companies immediately. Ask them to freeze or block the accounts due to the account holder’s death and request copies of recent account statements and transaction history.
- If you suspect unlawful use (unauthorized withdrawals, someone continuing to use a card), report the activity to the bank and to local law enforcement. Pennsylvania criminal statutes cover theft and related offenses (see Pennsylvania Consolidated Statutes, Title 18).
2. Identify who has the legal authority to act
Only a person with legal authority over the estate can direct banks to release funds or close accounts. That authority comes from either:
- A will that names a personal representative (executor). The representative obtains letters testamentary from the county Orphans’ Court or Register of Wills.
- If there is no will, a court-appointed administrator receives letters of administration from the Orphans’ Court.
Start the probate process at the county Register of Wills or Orphans’ Court so a representative can be appointed. Pennsylvania courts explain probate and appointment of personal representatives: https://www.pacourts.us/self-help/wills-and-estates/probate. For statutory authority on probate and estates, see Pennsylvania Consolidated Statutes, Title 20: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20.
3. Use the correct legal tools to recover or secure funds
- If the estate is being probated: the personal representative can present their letters to financial institutions. Banks will generally allow the representative to close accounts, transfer funds to the estate, and produce transaction records.
- If no probate is open and the estate is small, some institutions accept an affidavit or small-estate form to release funds without full probate. Rules vary by bank and county; contact the Register of Wills for local procedures.
- If someone refuses to stop using accounts or refuses to turn over funds, the personal representative (or interested heir) can file a claim in Orphans’ Court or civil court for conversion, unjust enrichment, or an accounting. If criminal conduct is suspected, file a police report; prosecutors can pursue theft or identity-theft charges under Pennsylvania’s criminal code (Title 18): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18.
- If immediate relief is needed—for example, to prevent imminent dissipation of funds—you can ask the Orphans’ Court to appoint a temporary administrator or issue an emergency order to freeze accounts while the court decides who has authority.
4. Practical steps banks and card companies will usually require
- Certified death certificate (multiple copies).
- Identification for the person requesting action.
- Letters testamentary or letters of administration once issued by the court.
- Copies of the will, if one exists.
5. If someone else is using a deceased person’s identity or cards
- Contact each credit card issuer and report the account as belonging to a deceased person. Ask them to investigate and close or flag the account.
- File a police report for identity theft or unauthorized use. Obtain a copy for creditors and the court.
- Place fraud alerts or credit freezes with the major consumer credit reporting agencies if identity theft is suspected. For federal resources, see IdentityTheft.gov: https://www.identitytheft.gov.
6. Timing, costs, and what to expect
Probate and court appointments can take weeks to months depending on complexity and local court schedules. Filing fees and attorney fees vary. Emergency relief is possible but requires convincing the court of imminent harm. Keep careful records of communications, dates, and transaction histories.
Helpful hints
- Gather certified death certificates before contacting banks; it speeds action.
- Get written confirmations from the bank when you report suspected misuse and when they freeze an account.
- Keep a photocopy or digital scan of the will and any powers of attorney. Note that a power of attorney ends at death and does not authorize post-death account use.
- Ask the bank for an account transaction ledger and hold on to receipts or statements showing disputed transactions.
- If the person using accounts is a family member, do not try to resolve serious disputes without court authority—acting without legal authority can expose you to liability.
- When you contact credit card companies, complete any fraud or deceased-account forms they provide and request written confirmation that they closed or investigated the account.
- Contact the county Register of Wills or Orphans’ Court early; each county has nuances in procedure and local forms.
- Document everything: names, dates, phone numbers, and what the bank or creditor agreed to do.
Where to get help
For probate forms and court procedures, visit the Pennsylvania Courts self-help pages: https://www.pacourts.us/self-help/wills-and-estates/probate. For statutory text on estates and fiduciaries, see Title 20 of the Pennsylvania Consolidated Statutes: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20. If you suspect theft or fraud, review Pennsylvania’s criminal statutes at Title 18: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18. For consumer guidance on bank disputes in Pennsylvania, see the Department of Banking and Securities: https://www.dobs.pa.gov.
If accounts have been used improperly and funds are missing, contact a Pennsylvania attorney experienced in probate or estate litigation. An attorney can petition the Orphans’ Court for appointment and for relief, and can pursue civil recovery or assist with criminal referrals.
Again: this information is educational and does not replace advice from a licensed attorney familiar with your county and the full facts.