Immediate steps when a decedent’s financial accounts are being used by someone else

Disclaimer: This article provides general information about Rhode Island law and common practical steps. It is not legal advice. Consult a Rhode Island attorney for advice specific to your situation.

Detailed answer — what to do and why (Rhode Island)

If another person is accessing a deceased parent’s bank or credit card accounts after death, act quickly to protect the estate, stop unauthorized spending, and regain legal control. The process generally involves three parallel tracks: (1) stopping ongoing access and preserving evidence, (2) getting legal authority to act for the estate, and (3) using criminal and civil remedies if necessary.

Step 1 — Secure documents and preserve evidence

Collect and make copies of everything you can find:

• Death certificate (order multiple certified copies from the Vital Records office).
• Bank and credit card statements showing the disputed transactions.
• Account agreements, checkbooks, debit/credit cards, and any powers of attorney or beneficiary designations.
• Text messages, emails, or written notes indicating who accessed or used accounts.

Preserve online account logins if you lawfully have them. Do not destroy records. If someone else controls the physical cards, note their identity and what they used.

Step 2 — Contact banks and credit card companies immediately

Call the bank and each card issuer. Ask the institution to:

• Freeze or place a temporary hold on the accounts to prevent further transactions.
• Provide copies of recent account activity and the institution’s internal notes about who has access.
• Advise the required documents to release funds (death certificate, letters testamentary/letters of administration).

Most institutions will accept a certified death certificate to block disbursements. They will usually require formal authorization (see Step 4) before allowing the transfer of funds.

Step 3 — Report possible wrongdoing

If someone is spending, withdrawing, or transferring funds without authority, report it to local law enforcement. Unauthorized use of a deceased person’s accounts may be theft, conversion, or fraud. File a written police report and get a copy. This record helps both criminal investigators and banks when you demand account freezes or reimbursement.

Step 4 — Obtain legal authority to act for the estate (probate)

To regain control of accounts or to legally demand funds, you normally need to become the estate’s personal representative (executor or administrator). In Rhode Island this happens through probate. The court issues documents called “letters testamentary” or “letters of administration” that banks accept as authority to handle accounts.

See R.I. Gen. Laws, Title 33 (Probate law) for probate procedures and requirements: https://webserver.rilin.state.ri.us/Statutes/Title33/.

Typical probate steps:

1. File a petition for probate in the appropriate Rhode Island probate court (usually in the county where the decedent lived).
2. Provide the original will (if one exists) and the death certificate.
3. If a will names an executor, the court will usually appoint that person and issue letters testamentary. If no will exists, the court will appoint an administrator and issue letters of administration.

Once you have letters from the probate court, present them to the bank and card issuers to close, transfer, or manage accounts lawfully.

Step 5 — Dispute unauthorized credit card charges and seek bank remediation

Credit card issuers generally have fraud and dispute procedures. Submit written disputes and include supporting documents (death certificate, police report, statement showing the charges). For bank accounts, request transaction histories and evidence of account holder signatures or authorization for withdrawals.

If the bank refuses to act after you show proper court letters, consider sending a formal demand letter from an attorney and, if necessary, filing a civil action for conversion (wrongful taking) or seeking injunctive relief from the probate court.

Step 6 — Consider criminal and civil remedies

If the person knowingly used the accounts after death, you can pursue criminal charges (the police file or forward to the prosecutor). Separately, you can bring a civil lawsuit against the person for money damages, conversion, or unjust enrichment.

Rhode Island criminal statutes addressing theft and related offenses appear in R.I. Gen. Laws, Title 11: https://webserver.rilin.state.ri.us/Statutes/Title11/. Your police report should trigger an investigation and possible referral to the prosecutor.

Hypothetical example (illustrates the process)

Suppose Jane learns that her late mother’s debit card was used repeatedly by a relative after death. Jane:

1. Orders several certified death certificates and copies of her mother’s bank statements.
2. Calls the bank, asks them to freeze the accounts, and requests transaction records.
3. Files a police report documenting the unauthorized withdrawals.
4. Files for appointment as administrator in the probate court and obtains letters of administration.
5. Provides the bank with letters of administration and the police report, and disputes the unauthorized charges in writing.
6. If the bank or the relative refuses to return funds, Jane consults a Rhode Island attorney about a civil claim and requests the prosecutor consider criminal charges.

Timing and practical notes

• Act quickly. Banks often allow account access until presented with a death certificate and court letters.
• Order multiple certified death certificates; banks and government agencies each usually require originals.
• Keep detailed notes of phone calls (who you spoke with, date, and what they said).

Helpful Hints

• Contact the bank or issuer by phone and follow up in writing. Ask for written confirmation of any freeze or hold.
• Get certified copies of the death certificate from Rhode Island Vital Records as soon as possible.
• If you’re not already the appointed personal representative, start probate immediately; most banks require court-issued letters before releasing funds.
• File a police report early — many banks will require evidence of criminal investigation before reimbursing disputed transactions.
• Keep duplicates of all documents you file with court or police, and request transaction history from the bank for the period before and after death.
• Notify credit reporting agencies if identity theft is suspected. Place fraud alerts on the decedent’s credit reports to block new accounts.
• If the situation involves large sums or family conflict, consult a Rhode Island probate or elder-law attorney to evaluate civil claims and to speed probate processes.
• Be mindful of timelines: statutes of limitations apply to civil claims; act promptly.

Rhode Island resources:

• Rhode Island General Laws — Title 33 (Probate): https://webserver.rilin.state.ri.us/Statutes/Title33/
• Rhode Island General Laws — Title 11 (Crimes): https://webserver.rilin.state.ri.us/Statutes/Title11/
• Rhode Island Judiciary (probate court information): https://www.courts.ri.gov/

If you want, I can outline the forms and filings commonly used in Rhode Island probate courts or suggest a list of documents to bring to a consultation with a probate attorney.