Short answer

In Virginia, unauthorized charges against a decedent’s accounts or estate assets are typically handled through the estate’s personal representative during probate. The personal representative must identify and protect estate assets, dispute or refuse improper claims or charges, recover funds that were taken without authority, and, if necessary, pursue civil remedies (restitution, conversion, breach of fiduciary duty) or refer the matter for criminal prosecution. Beneficiaries who believe charges were improper can demand an accounting, ask the court to remove or surcharge a personal representative who misused funds, or sue the wrongdoer directly. See Title 64.2 of the Code of Virginia for the governing probate law: https://law.lis.virginia.gov/vacode/title64.2/.

Detailed answer: step-by-step under Virginia law

1. Who is responsible during probate?

After your parent dies, the court appoints a personal representative (also called an executor or administrator) to gather assets, pay valid debts, and distribute what remains to heirs and beneficiaries. The personal representative has a duty to protect estate property and to provide beneficiaries with an accounting of receipts, expenditures, and distributions. Virginia’s probate rules and the duties of fiduciaries are set out in Title 64.2 of the Code of Virginia: https://law.lis.virginia.gov/vacode/title64.2/.

2. What counts as an “unauthorized charge”?

Unauthorized charges include any withdrawals, debit/credit card charges, transfers, checks, or bills paid out of the decedent’s accounts that were not authorized by the decedent (after death) or by the personal representative (if required). Common examples:

• Charges made on the decedent’s credit or bank card after the date of death.
• Caregiver or family member using the decedent’s funds for personal benefit without permission.
• Service providers attempting to present a claim for services that were not provided or not owed.

3. Immediate actions to protect the estate

Act quickly. Typical steps are:

• Notify the personal representative and the decedent’s banks/credit card companies about the death and request that accounts be frozen or limited to the representative.
• Preserve records: bank statements, receipts, cancelled checks, credit card statements, and any communications about charges.
• If you suspect theft or identity fraud, consider filing a police report and contacting the decedent’s bank to dispute the transactions.

4. How the personal representative should handle unauthorized charges

The personal representative must:

• Inventory assets and identify improper withdrawals or charges when preparing the estate inventory.
• Disallow claims that are not valid or were charged without authority.
• Recover misapplied funds on behalf of the estate by demanding repayment, filing civil actions (for conversion, unjust enrichment, or breach of fiduciary duty), or referring suspected criminal conduct to law enforcement.
• Include any recoveries and losses in the estate accounting supplied to beneficiaries and the court.

These duties flow from the general fiduciary obligations set out in Virginia’s probate statutes (Title 64.2): https://law.lis.virginia.gov/vacode/title64.2/.

5. What if the personal representative is the one who made the unauthorized charges?

If the personal representative improperly used estate funds, beneficiaries can:

• Demand a formal accounting from the personal representative.
• File a petition in the probate court to remove the personal representative for cause and to surcharge (make the representative pay) for the wrongful withdrawals.
• Ask the court to appoint a successor personal representative or a temporary administrator to protect the estate.

The probate court has authority to supervise fiduciaries and to order restitution or other relief under the probate code: https://law.lis.virginia.gov/vacode/title64.2/.

6. Civil and criminal remedies

Civil remedies:

• The estate or beneficiaries can sue for conversion, breach of fiduciary duty, unjust enrichment, or money had and received to recover unauthorized amounts.
• If a creditor or claimant presents a bill that is not valid, the personal representative can disallow it; if the claimant sues, the court will resolve the dispute as part of estate administration.

Criminal remedies:

• If the unauthorized withdrawals involve theft, embezzlement, or identity fraud, law enforcement or the Commonwealth’s Attorney can bring criminal charges. Reporting suspected theft preserves that option.

7. Timing and deadlines

Time matters. Probate administration follows statutory notice and claim procedures; at the same time, civil claims for wrongful taking are governed by statute of limitations. Because deadlines vary by claim type (conversion, breach of fiduciary duty, fraud) and by circumstances, act promptly and consult counsel to avoid losing rights to recover. See Title 64.2 (probate) for estate notice and claim procedures: https://law.lis.virginia.gov/vacode/title64.2/.

8. What beneficiaries can do if the personal representative won’t act

Beneficiaries who believe the personal representative is not protecting the estate or is ignoring unauthorized charges can:

• Request a formal accounting in writing.
• Petition the probate court to compel an accounting, surcharge the personal representative, or remove the personal representative.
• File a separate civil action against the person who actually took the funds.

The probate court supervises estate administration under the Virginia probate code: https://law.lis.virginia.gov/vacode/title64.2/.

Helpful hints

• Act immediately: contact the personal representative and the decedent’s banks to stop further withdrawals.
• Preserve evidence: collect bank and credit card statements, receipts, electronic records, texts and emails, and any contracts or bills.
• Get a copy of the death certificate and probate filings (wills, letters testamentary/administration) from the clerk of the circuit court where the estate is probated.
• Request a written accounting from the personal representative; the accounting should show all payments and charges against the estate.
• If the personal representative is the suspected wrongdoer, consider asking the court to appoint an independent trustee or special administrator while the matter is investigated.
• Consider both civil and criminal routes: reporting suspected theft to police does not prevent the estate from pursuing civil recovery.
• Keep claims and deadlines in mind; consult an estate or probate attorney quickly to preserve legal rights.
• Use official Virginia statute resources to review probate rules: https://law.lis.virginia.gov/vacode/title64.2/ and court probate information: https://www.vacourts.gov/courts/circuit/clerk_services/probate.html.