Summary (short answer): In Utah, unauthorized charges or withdrawals from a deceased person’s accounts are treated as wrongful transfers or misconduct by whoever made them. The personal representative (executor/administrator) has the duty to identify and recover those funds for the estate, and the probate court can order restitution, surcharge the fiduciary, remove a personal representative, or allow the estate to pursue a civil claim against the wrongdoer. Criminal prosecution for theft or embezzlement is also possible. This article explains the practical steps, common remedies, and how the probate process typically handles these situations under Utah law.

Detailed answer — what happens and how it works in Utah

When a parent dies, the person appointed to administer the estate (called the personal representative in Utah) must gather estate assets, pay valid debts, and distribute the remainder to heirs or beneficiaries. If someone makes unauthorized charges or takes money from the decedent’s accounts, the administrator must treat those transactions as potential losses to the estate and act to recover the property.

Key legal framework

• Utah’s probate law controls how estates are administered and how claims against the estate are handled. See Utah Code Title 75, Decedents’ Estates (Chapter 3) for the probate framework: Utah Code Title 75, Chapter 3.
• The Utah courts provide practical probate guidance for administrators and heirs, including creditor notice, inventories, and accounting duties: Utah Courts — Probate How To.

Typical steps taken in probate when unauthorized charges are discovered

1. Secure the estate assets immediately. The personal representative should freeze accounts if possible, change online access, and prevent further unauthorized transfers.
2. Inventory and documentation. The administrator prepares an inventory of assets and transactions. Any unexplained withdrawals, checks, credit-card charges, or transfers should be documented with dates, amounts, and supporting records (bank statements, receipts).
3. Demand repayment and investigate. The personal representative typically sends a written demand to the person who made the charges asking for repayment and an explanation. The administrator may also contact the bank or card company to attempt reversals for unauthorized charges.
4. File claims or lawsuits through probate or civil court. If the wrongdoer refuses to repay, the administrator can file a civil claim on behalf of the estate for conversion, unjust enrichment, breach of fiduciary duty (if the person was a fiduciary), or fraud. Such claims may be prosecuted in probate court as part of the estate administration or in a separate civil action.
5. Accountings and surcharge. If the person who misused funds was the personal representative, the court can require a formal accounting and may surcharge (hold the fiduciary financially responsible for) missing funds. The court may order removal of the personal representative for misconduct.
6. Criminal referral. When the conduct appears to be theft, embezzlement, or fraud, a report to law enforcement or the county attorney may lead to criminal charges in addition to civil remedies.

Who pays: estate vs. wrongdoer

Valid creditor claims and administration expenses are paid from estate assets in the normal course. Unauthorized charges created by a third party are not legitimate estate expenses; the estate (through its personal representative) should seek recovery from the person who caused the loss. If the unauthorized charges were by a creditor who made improper claims, the administrator can object to and contest those claims.

When the wrongdoer is the personal representative or a caregiver

Courts hold fiduciaries to strict standards. If the person administering the estate used estate funds improperly, the probate court can:

• require a full accounting;
• surcharge the fiduciary for the loss;
• remove and replace the fiduciary; and
• direct restitution and other equitable relief.

These remedies preserve estate assets for rightful beneficiaries and creditors.

Timing and procedural notes

Utah probate procedures include notice to creditors and set periods for filing claims. The administrator should act quickly to preserve evidence and pursue recovery. Delays can weaken the estate’s ability to recover funds, and statutes of limitation may apply to civil claims. For practical information on probate steps and creditor notice, consult the Utah Courts probate pages: https://www.utcourts.gov/howto/probate/.

Practical examples (hypothetical)

Example 1 — adult child used deceased parent’s debit card after death: The administrator documents bank activity, asks the child to return the funds, and if the child refuses, files a claim on behalf of the estate for conversion and requests the court order repayment and surcharge if the child was serving as fiduciary.

Example 2 — caregiver paid personal expenses from the decedent’s account while the decedent was incapacitated or after death: The administrator freezes accounts, pursues recovery through civil action, and may report the conduct to law enforcement for criminal investigation.

What you can do now — step‑by‑step practical checklist

1. Obtain the death certificate and legal appointment of the personal representative (letters of administration or testamentary).
2. Immediately secure bank accounts and credit-card accounts — contact financial institutions and request holds or account freezes.
3. Gather bank and credit statements for at least the last 12–24 months to identify suspicious charges.
4. Document unauthorized transactions with dates, amounts, and copies of statements.
5. Inform the probate court-appointed personal representative if you are not that person. If you are the personal representative, follow the estate administration duties and inventory requirements.
6. Send a written demand for repayment to the person who made the charges.
7. If repayment fails, consult a probate attorney to file an estate claim or civil suit; consider asking the court for surcharge, accounting, or removal of the fiduciary if appropriate.
8. Consider reporting suspected theft or embezzlement to local law enforcement or the county attorney.

Helpful Hints

• Act quickly — preserving evidence and notifying banks promptly improves recovery chances.
• Keep clear records — copies of statements, correspondence, and a timeline strengthen the estate’s claim.
• Do not permit further access — change passwords, remove cardholders, and close accounts when appropriate.
• Personal representatives have legal duties — if you are the PR, follow the court’s rules for inventories and accounting to avoid personal liability.
• If the alleged wrongdoer is a fiduciary, expect the court to demand stricter proof and to consider removal and surcharge remedies.
• Criminal and civil paths can run concurrently — civil recovery does not prevent criminal prosecution, and vice versa.
• Consult a Utah probate attorney early — probate procedure can be technical and time-sensitive.