How to regain control of a deceased parent’s bank and credit card accounts under Tennessee law

Short answer: Act quickly. Obtain certified death certificates, notify banks and card issuers, freeze or close accounts, collect evidence of the unauthorized use, notify credit bureaus, file a police report if theft or identity theft is suspected, and ask the probate court to appoint a personal representative so you can lawfully control and distribute the decedent’s assets. This is a general guide only — consult a Tennessee probate or consumer protection attorney for case-specific advice.

Disclaimer

This article is educational only and does not provide legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Tennessee attorney.

Detailed answer — step‑by‑step actions to regain control

1. Confirm the death and get certified death certificates

Obtain multiple certified copies of your parent’s death certificate from the local health department or the funeral home. Banks, credit card companies, and courts require certified copies to act on the estate. Keep originals and make several certified copies because you will need them repeatedly.

2. Immediately contact the banks and credit card companies

Call each bank and card issuer the moment you suspect someone is using the accounts. Provide the certified death certificate and identify yourself. Ask the institution to:

• Freeze or close the account to stop further transactions;
• Provide recent statements and copies of any checks, debit card receipts, or authorized-user requests;
• Identify who has been using the account (authorized users, check endorsers, or third parties).

Even if someone has access, the bank can often place a hold and preserve records pending a proper probate appointment.

3. Preserve evidence of unauthorized use

Collect bank statements, transaction records, ATM receipts, and communications showing the other person’s use. Take screenshots of online activity if available. Written and electronic records will be important for the bank, the probate court, and any criminal or civil claims.

4. Determine whether the other person is an authorized user or acting without authority

Common situations:

• If your parent added someone as an authorized user or co‑owner before death, the bank may defend that person’s access.
• If someone continued transacting after the death and lacked authority, those transactions may be unauthorized and potentially criminal (theft, identity theft) or civilly recoverable.

5. Report suspected theft or identity theft to the police and state authorities

If the other person used the accounts after death without authority, file a police report promptly. For identity theft resources, use the federal IdentityTheft.gov recovery plan and keep a copy of the police report. You may also contact the Tennessee Consumer Affairs or the Tennessee Attorney General’s Consumer Protection Division for guidance.

See Tennessee criminal identity‑theft and theft provisions for potential remedies; identity theft is a criminal offense and can support civil remedies as well. For Tennessee criminal statutes on identity theft and related offenses, see Tenn. Code Ann. § 39‑14‑150 (identity theft) and related theft statutes: https://law.justia.com/codes/tennessee/2019/title-39/chapter-14/part-1/section-39-14-150/

6. Notify the credit bureaus and card issuers

Contact the three major credit bureaus (Equifax, Experian, TransUnion) to report possible identity theft and request a fraud alert or credit freeze for the decedent’s Social Security number and accounts as appropriate. Also notify each card issuer that the account owner is deceased and ask them to close accounts or remove unauthorized users. The federal FTC’s identity theft site explains next steps: https://www.identitytheft.gov/

7. Start a probate case or a small‑estate procedure so you can act on behalf of the estate

Only a personal representative (executor/administrator) appointed by the Tennessee probate court has legal authority to collect funds, close accounts, and recover assets that belong to the decedent’s estate. If you are named executor in a will, you must file the will and petition the probate court. If there is no will, an interested person can petition to be appointed administrator.

See Tennessee statutes and procedures on administration and probate in Title 30 of the Tennessee Code: https://law.justia.com/codes/tennessee/2019/title-30/

In Tennessee, the probate process gives the personal representative authority to demand bank records, bring civil claims to recover misused funds, and distribute estate assets according to the will or intestacy rules. If the estate is small, ask the court whether any expedited or simplified procedures apply in your county.

8. Use court authority to demand records and recover funds

Once appointed, the personal representative can:

• Serve the bank with the court order or letters testamentary/letters of administration so the bank must release records and transfer funds to the estate;
• Bring civil claims against the person who misused the accounts to recover money or seek an accounting;
• Work with the prosecutor if the conduct also supports criminal charges.

9. Consider a civil suit for conversion or unjust enrichment

If the person used funds that belonged to the decedent’s estate after death, the estate (through the personal representative) may have civil claims such as conversion, breach of fiduciary duty (if the person was in a fiduciary role), or unjust enrichment. A lawyer can evaluate the best claim and the likely remedies.

10. Keep careful records and act promptly

Timeliness matters. Preserve bank statements, correspondence, and receipts. If you delay, banks may refuse to reverse older transactions and statutes of limitation may bar civil claims.

Helpful Hints

• Get several certified death certificates immediately — banks and courts usually want originals.
• Ask each bank for a written confirmation of any freeze, closure, or account action.
• Take screenshots and save emails showing the other person’s access or admissions to using the accounts.
• If someone claims they were authorized, ask for written proof (signed authorization, power of attorney). Note: any power of attorney generally ends at the principal’s death and cannot be used after death to take estate assets.
• Report suspected identity theft to the police and to IdentityTheft.gov so you have an official record and a recovery plan.
• When you file in probate court, bring the death certificate, the original will (if any), a list of the decedent’s assets and liabilities, and the evidence of unauthorized use.
• Contact a Tennessee probate or consumer protection attorney early for a case assessment — an attorney can file emergency motions or protective orders if funds are being dissipated.
• If you are not the appointed personal representative but believe someone is misappropriating estate funds, preserve evidence and ask the probate court for emergency relief (temporary restraining order or injunction) to stop further transfers.
• Use the Social Security Administration’s procedures if you need to notify Social Security: https://www.ssa.gov/
• Keep communication professional. Don’t confront the other person alone if you fear hostility; use law enforcement or counsel instead.

Key Tennessee references

• Tennessee probate and administration (Title 30 of the Tennessee Code): https://law.justia.com/codes/tennessee/2019/title-30/
• Tennessee identity theft statute (criminal law reference): https://law.justia.com/codes/tennessee/2019/title-39/chapter-14/part-1/section-39-14-150/
• Tennessee Courts — Self-help and probate resources (procedures and forms may vary by county): https://www.tncourts.gov/programs/self-help-resources/probate-wills-admin
• Federal identity theft recovery portal (practical steps and forms): https://www.identitytheft.gov/
• U.S. Social Security Administration: https://www.ssa.gov/

When to call an attorney

Talk to a Tennessee probate or consumer protection attorney if any of the following apply:

• Large sums were taken or multiple accounts were used after death;
• The person using the accounts claims authority or refuses to return funds;
• You need to open a probate case, obtain emergency court orders, or file a civil claim;
• You suspect identity theft or criminal conduct and want to coordinate civil and criminal remedies.

An attorney can explain options under Tennessee law, prepare and file probate paperwork, request injunctive relief, and pursue recovery of estate assets.