Challenging an Administrator Who Closed a Deceased Parent’s Joint Bank Account Without Notifying Heirs

Quick answer: First confirm how the account was titled (joint tenancy with right of survivorship, payable-on-death, or estate account). Get the bank records and the administrator’s letters (letters testamentary or of administration). If the administrator closed the account without legal authority or failed to notify interested persons, you can request an accounting from the probate court, ask the court to freeze or recover funds, and seek removal or surcharge of the administrator for breach of fiduciary duty. Consult a Washington probate attorney quickly — banks and courts move fast after a death.

Disclaimer

This article is for general information only and is not legal advice. It explains Washington law as a guide. For advice about your specific situation, consult a qualified Washington probate attorney.

Detailed answer — what to do and why (Washington)

This section explains the legal framework, step-by-step actions you can take, and the court remedies typically available under Washington law for heirs or interested persons when a personal representative (administrator) closes or drains a decedent’s bank account without notifying heirs.

1. Identify the account type and legal ownership

Why it matters: Title controls who owns the money when a person dies.

• Joint account with right of survivorship: In most cases, a valid joint account passes to the surviving joint owner immediately on death and is not part of the probate estate. If the account had a surviving joint owner, the administrator generally has no authority to take those funds for the estate.
• Payable-on-death (POD) or “Totten” account: Funds pass to the named beneficiary outside probate and are not estate property.
• Sole account standing in decedent’s name: The account becomes estate property and the administrator (or executor) must handle it under probate rules.

Get copies of the account agreement and a certified account ledger from the bank to confirm the exact title language (words like “with right of survivorship,” “POD,” or named beneficiaries).

2. Gather documentation

Collect and preserve:

• Death certificate.
• Bank statements, account agreement, signature cards, and a transaction history showing withdrawals or closures.
• Any probate filings: petition for administration, issued letters testamentary or of administration (these show the administrator’s authority).
• Communications from the bank and from the administrator.

3. Immediate steps with the bank

• Ask the bank in writing for an official account history and for the bank’s internal records showing who authorized account closure and on what basis.
• If the bank released funds to the administrator, ask what documentation the bank relied on (e.g., letters of administration). Banks often require letters; if the bank released money without proper documentation, it may share liability.
• Request the bank to preserve evidence and freeze any remaining funds or prevent further transfers, if possible. Banks may comply temporarily while they investigate.

4. Contact the probate court and file a written request

If an estate has been opened in Washington, the probate court is where you challenge a personal representative. Typical court actions include:

• Request for an accounting: Under Washington probate practice, interested persons can demand that the administrator file an accounting showing receipts, expenses, and distributions. See Washington’s statutes on estate administration in RCW Title 11 for the rules that govern probate practice: RCW Title 11 — Estates and Trusts.
• Motion to freeze or recover funds: If funds were improperly removed, you can ask the court for emergency relief to freeze remaining estate assets and to recover wrongfully-disbursed money.
• Petition for removal or surcharge: If the administrator misused estate assets, the court can remove the administrator and order them to repay (surcharge) losses caused by improper conduct.

5. Civil claims outside (or alongside) probate

If the administrator closed the account and converted funds for their own use or otherwise acted outside their authority, possible claims include:

• Conversion (taking or using funds without right).
• Breach of fiduciary duty (personal representatives owe fiduciary duties to the estate and interested persons).
• Accounting and equitable remedies (constructive trust, disgorgement).

These claims may be pursued in probate court as part of estate administration or in civil court depending on the facts.

6. What if the account was truly joint and the survivor received the funds?

If the account was a proper joint account with survivorship, Washington generally treats the surviving co-owner as entitled to the funds. However, problems arise if:

• The joint signature was forged or the joint account was created as a device to hide assets or defraud heirs.
• The surviving joint owner or administrator misrepresented facts to the bank to obtain funds.

In those situations, interested persons can challenge the transfers as fraudulent or seek equitable relief in court.

7. Timing and deadlines

Act promptly. Banks can quickly disburse funds and statutes of limitations can bar claims if you wait too long. Even if you later discover wrongdoing, the probate court expects prompt action from interested parties.

8. How an attorney can help

• Review account documentation, transaction history, and probate filings.
• Send demand letters to the bank and administrator to preserve evidence and seek voluntary relief.
• File the appropriate petitions and motions in the probate court: petition for accounting, petition to remove, motion for temporary relief, and civil claims for conversion or breach of fiduciary duty if needed.
• Negotiate a settlement or represent you at trial if the matter proceeds.

Helpful Hints

1. Confirm the exact account title language. The words “survivor,” “right of survivorship,” or a named POD beneficiary control transfer of funds.
2. Get the bank to preserve records in writing. Ask for an official ledger, signature card, and any release or authorization the bank received.
3. Obtain copies of any letters of administration or testamentary issued by the probate court — these limit what the administrator can legally do.
4. Document every contact with the bank and the administrator: dates, names, and what was said or produced.
5. If funds are missing, ask the probate court for an emergency hearing to freeze assets while you investigate.
6. Remember the difference between probate and non‑probate transfers — joint accounts and POD designations commonly avoid probate.
7. Talk to an attorney who handles probate and fiduciary litigation in Washington. Early legal help increases the chance of preserving evidence and obtaining fast court relief.
8. Use official Washington resources for forms and local rules: Washington statutes on estates and trusts are at RCW Title 11, and Washington Courts provides probate forms and guidance at Washington Courts — Probate & Estate forms.

Sample short checklist you can use now

• Request certified account ledger and signature card from the bank.
• Get a copy of the death certificate and any probate filings.
• Write to the bank asking it to preserve records and explain why the closure occurred.
• File a written request with the probate court asking the administrator for an accounting.
• Contact a Washington probate attorney for next steps and to draft court filings if the administrator resists.

Closing thoughts

When an administrator closes an account without informing heirs, the outcome depends on account title and on whether the administrator acted within legal authority. Gathering documentation and involving the probate court quickly are the most effective first steps. If there’s impropriety, Washington law provides remedies including court-ordered accounting, removal, and recovery of wrongfully taken funds.

Again, this is general information only. For specific legal advice about your situation, contact a licensed Washington attorney experienced in probate and fiduciary litigation.