Detailed answer: how to challenge the closure

When a joint bank account is closed after a co‑owner dies, the key issues are (1) who legally owned the funds at the time of death and (2) whether the person who closed the account had legal authority to do so. Under West Virginia law, many joint accounts include rights of survivorship so the surviving joint owner takes the funds automatically. But if the account belonged solely to the decedent, or if a court‑appointed administrator handled estate assets, the administrator has fiduciary duties and must follow probate rules. If you believe an administrator closed the account and distributed or removed funds without notifying heirs or without authority, you have several paths to challenge that conduct.

Step 1 — Gather documentation immediately

• Death certificate for your father.
• Account records: account number, last statements, deposit and withdrawal history, signatures on the account agreement (is it “joint with right of survivorship” or a POD?).
• Any letters of administration, letters testamentary, or probate filings showing who the court named as administrator or personal representative.
• Copies of bank correspondence and any receipt or notation the bank gave when the account was closed.

Step 2 — Confirm the account type

Check the bank agreement or ask the bank whether the account was a joint account with right of survivorship, a joint account without survivorship, or a payable‑on‑death (POD) account. If the surviving joint owner had valid survivorship rights, the bank may have been entitled to transfer the balance to that survivor. If the account belonged solely to your father and was part of his estate, the administrator (if appointed) generally must handle those funds through the probate process.

Step 3 — Ask the bank for a written explanation and records

Write to the bank’s branch manager or legal/compliance department and request:

• A written explanation of why the account was closed.
• Copies of any checks, withdrawal slips, or transfer authorizations.
• Documentation showing who presented the bank with letters of administration or other court papers (if any).

Keep copies of everything you send and receive.

Step 4 — If an administrator was appointed, review the administrator’s authority

When someone is appointed by the probate court to administer an estate, the court issues letters of administration or letters testamentary. Those letters define the administrator’s authority. An administrator must comply with the probate statutes and is a fiduciary with duties to the heirs and creditors. You can:

• Request an accounting of estate transactions from the administrator.
• File a formal objection or petition with the probate court asking for an accounting, return of improperly taken funds, surcharge (monetary liability) against the administrator, or removal for breach of fiduciary duty.

Step 5 — File a petition in probate court if informal requests fail

If the bank or administrator will not cooperate, the probate court is where estate disputes are resolved. Typical probate remedies include:

• Petition for an accounting — forces the administrator to produce records of all receipts and disbursements.
• Petition to surcharge or recover funds — asks the court to require the administrator to repay money taken improperly.
• Petition for removal — seeks to remove the administrator for misconduct or breach of duty.

Procedures and required forms vary by county; the probate clerk at the county courthouse can tell you how to file a petition. West Virginia probate rules and statutes govern these processes (see West Virginia Code, Chapter 44: Probate and Estates).

Step 6 — Consider civil claims and criminal reports

If someone converted (took) estate funds for their own use, you may have a civil claim for conversion, breach of fiduciary duty, or unjust enrichment. In cases of clear theft, criminal charges may be appropriate; you can contact local law enforcement or the prosecuting attorney to report suspected theft. An estate attorney can advise which remedies fit your situation and help you draft the necessary pleadings.

Timing and practical notes

Act promptly. Delays can make it harder to recover funds and can affect remedies. Even when an administrator acted in good faith, probate courts expect administrators to keep heirs informed and to account for estate assets. If you are an heir and you believe you were not notified, the court may consider that when resolving the dispute.

Where West Virginia law applies

Probate administration and personal representative duties in West Virginia are governed by the West Virginia Code, Chapter 44 (Probate and Estates). For general information on probate court procedures in West Virginia, see the West Virginia Judiciary’s probate court information: https://www.courtswv.gov/lower-courts/probate/ and review West Virginia Code Chapter 44 (Probate and Estates): https://code.wvlegislature.gov/44/ . These resources can help you understand timelines, filing requirements, and the court’s powers over administrators.

When to hire an attorney

Consider speaking with an attorney experienced in probate and estate litigation if any of the following are true:

• The administrator refuses to provide records or an accounting.
• Large sums of money are missing or were distributed outside normal estate procedure.
• You want to file a petition in probate court but don’t know how to prepare pleadings and required notices.
• The administrator is a close family member and emotions/relationships make informal resolution unlikely.

If you cannot afford a private attorney, look for low‑cost or pro bono help through legal aid organizations or the West Virginia State Bar referral services.

Helpful hints

• Document everything. Keep copies of all letters, emails, receipts, account statements, and notes of phone calls (with dates, times, names).
• Ask the probate clerk which forms you must file to challenge an administrator; many clerks provide guidance on procedure (not legal advice).
• Send written requests to the bank and administrator by certified mail so you have proof of delivery.
• Identify whether the account was joint with survivorship or POD — that often decides who owns the money after death.
• Request a full accounting in writing before filing a court petition; courts often expect heirs to try informal remedies first.
• Be mindful of emotional strain—estate disputes can be stressful. Consider mediation if all parties are open to it.
• Keep track of small deadlines (the probate clerk can tell you notice periods and hearing schedules). Missing a court deadline can hurt your case.
• If you decide to hire a lawyer, choose one experienced in West Virginia probate litigation. Ask about fees, likely outcomes, and alternatives like settlement or mediation.