FAQ: When a personal representative closes a decedent’s joint bank account without telling heirs — what to do in Utah
Short answer: If the personal representative (administrator) closed your deceased father’s joint bank account without notifying heirs, you can demand documentation from the bank, request an accounting from the representative, and, if necessary, bring probate court actions to compel an accounting, recover funds, or remove the representative. Act quickly to preserve evidence and any remaining funds.
Detailed answer — steps to take under Utah law
This section explains practical steps heirs should take and the legal tools available in Utah. This is educational information only and not legal advice.
1. Confirm what type of account and ownership language applies
Not all joint accounts work the same way. Key distinctions affect whether funds pass automatically to a surviving co-owner or become part of the probate estate:
- Joint account with right of survivorship (survivorship language) typically passes to the surviving joint owner immediately at death.
- Joint account without survivorship language or an account titled in only the decedent’s name may be estate property.
Ask the bank for the account signature card and title language. Request copies in writing and keep dated receipts of all communications.
2. Get immediate documentation from the bank
Contact the bank in writing and request:
- Account opening documents and the signature card
- Recent account statements and transaction history around the date of death
- The bank’s written explanation for closing the account and any internal notes
Send the request by certified mail or another trackable method. Banks are often required by policy and regulation to keep and provide this information on request.
3. Determine whether the personal representative had authority and whether proper probate procedures were followed
In Utah, a personal representative (executor/administrator) appointed by the probate court has specific duties and fiduciary obligations to beneficiaries and creditors. If an administrator closed the account before being appointed or without court authority, that may be improper. Even after appointment, the representative must account for estate property and preserve assets for beneficiaries.
Utah’s probate law governs estate administration; see the Utah probate resources for how personal representatives must act: Utah Courts — Probate How To. For the state statutes that control probate and fiduciary duties, consult Utah Code Title 75 (Probate, Trusts, and Fiduciaries): Utah Code — Title 75.
4. Request an accounting from the personal representative
If you are an heir or beneficiary, send a formal written demand to the personal representative requesting a full accounting of estate-related transactions, including the closed account. In many cases the representative must provide an accounting to beneficiaries. If the representative refuses or provides an unsatisfactory accounting, you can ask the probate court to compel an accounting.
5. Remedies available in Utah probate court
If documentation and voluntary cooperation do not resolve the issue, Utah probate courts can provide several remedies:
- Petition to compel an accounting by the personal representative.
- Petition to surcharge (seek monetary recovery) against a representative who misapplied or improperly distributed estate funds.
- Petition to remove the personal representative for breach of fiduciary duty.
- Request for temporary relief (e.g., to prevent further transfers) or a hearing to preserve remaining estate assets.
These probate tools are how heirs force transparency and recover misapplied funds.
6. Consider criminal or regulatory complaints when appropriate
If the representative converted funds (took money for personal use) or engaged in fraud, a criminal complaint to local law enforcement or the district attorney’s office may be appropriate. For bank regulatory issues (e.g., alleged bank error or improper closing practices), you can contact the Utah Department of Financial Institutions: Utah DFI.
7. Preserve evidence and act quickly
Take the following preservation steps immediately:
- Save copies of all written communications, bank statements, and receipts.
- Take screenshots or print online statements showing account status around the date of death.
- Collect the death certificate, any probate filings, and documentation proving heirship.
- Ask the bank in writing whether any funds remain and whether they were transferred; request an itemized ledger.
8. When to get an attorney
If the representative will not cooperate, or if substantial funds are missing or distributed without notice, consult a probate attorney promptly. An attorney can file the appropriate petitions, seek emergency relief, and protect statutory rights of heirs.
You may also be able to use a lawyer referral service from the Utah State Bar or local legal aid if finances are a concern.
Helpful Hints
- Write everything down. Record dates, times, names, and what was said in all contacts with the bank and the personal representative.
- Request the account’s signature card ASAP — it often shows the account title and survivorship language.
- Ask the bank whether the account was frozen after death; if so, ask why and whether funds remain.
- Be clear about your status: identify yourself as an heir or potential beneficiary and request proof of the representative’s appointment (letters of administration) from the probate court.
- Use certified mail or email with read receipts for important requests so you have proof of your inquiries.
- If you suspect theft or fraud, preserve originals and notify law enforcement and the district attorney’s office. Consider a civil probate action at the same time.
- If the estate is already in probate, review court filings and hearings; many actions must be made through the probate court record.
- Look for free or low-cost help: Utah legal aid organizations, law school clinics, and the Utah State Bar’s lawyer referral service can point you to resources.