Detailed Answer — What to do step-by-step under West Virginia law

1) Act quickly to stop ongoing misuse

If someone continues to use the deceased parent’s bank or credit card accounts after death, act immediately:

• Contact each bank and credit card company by phone and follow up in writing. Explain the account owner’s death, request emergency account freeze or closure, and ask what documents they require to release funds or stop charges.
• Get multiple certified copies of the death certificate from the West Virginia Vital Records office. Financial institutions usually require an official death certificate to freeze or close accounts.
• If you suspect theft or fraud, file a police report. The criminal report creates an official record that can be shared with financial institutions and prosecutors.

2) Determine who is legally authorized to manage the decedent’s finances

Authority normally depends on whether the decedent left a valid will:

• If there is a will, it usually names an executor. That person should be appointed by the probate court and receive letters testamentary.
• If there is no will, the court will appoint an administrator (often a close family member) and issue letters of administration.

Only the person with court-issued letters (the personal representative) typically has the clear legal authority banks and card companies accept to access accounts or close them.

3) Open probate in the county circuit court if necessary

To get formal authority, you usually must open the decedent’s estate in the county circuit court where the decedent lived. The court process confirms the personal representative and issues letters that banks accept. Under West Virginia law, probate and estate administration matters are handled at the circuit-court level (see West Virginia Code, Title 44: Probate, Administration and Decedents’ Estates: https://code.wvlegislature.gov/44/).

Typical steps to open probate:

1. Locate the will, if any, and choose who will serve as personal representative.
2. File a petition for probate or for issuance of letters of administration in the county circuit court.
3. Provide the court with the death certificate and required information about heirs and creditors.
4. After the court issues letters, present those letters and the death certificate to banks and card issuers.

4) How banks and card companies typically handle accounts

Financial institutions have their own policies, but commonly:

• They will freeze accounts when supplied with a death certificate.
• They will require letters testamentary/administration before releasing funds or allowing access beyond account statements.
• Joint accounts or accounts with named beneficiaries (payable-on-death, transfer-on-death) often pass outside probate to the surviving joint owner or named beneficiary; you will need to show appropriate documentation to claim those funds.

5) If someone else is using accounts unlawfully — civil and criminal options

If a third party is withdrawing money or charging the decedent’s cards after death, consider these steps:

• File a police report for theft, conversion, or financial exploitation. The local law-enforcement agency or county prosecutor may investigate criminally.
• Report suspected elder financial exploitation to Adult Protective Services if the decedent had diminished capacity before death and exploitation began then.
• The personal representative can bring a civil claim on behalf of the estate to recover misappropriated funds (claims often framed as conversion, unjust enrichment, or breach of fiduciary duty).
• Notify credit bureaus and the decedent’s creditors to dispute any wrongful charges and prevent further identity misuse.

6) Handling creditors and outstanding debts

The personal representative must identify and notify creditors, pay valid claims from estate assets, and distribute remaining assets to heirs or beneficiaries according to the will or West Virginia intestacy rules. Consumer protections and creditor procedures are part of probate administration (see Title 44 of the West Virginia Code: https://code.wvlegislature.gov/44/).

7) Records to gather before and during probate

Collect these documents so banks, courts, and counsel can act quickly:

• Death certificate (multiple certified copies).
• Original will, if any.
• Bank and credit card statements showing recent transactions.
• Account numbers, account holder name(s), and beneficiary designations.
• ID for the person seeking to act and any documentation showing authority or relationship.
• Correspondence or proof of unauthorized transactions, if available.

8) When to get a lawyer

Consider hiring an attorney if:

• Someone is actively taking money after the death and won’t stop.
• Multiple family members dispute who should serve as personal representative.
• The estate has complex assets, creditors, or ongoing business interests.
• You need to file civil claims or coordinate with criminal prosecutors.

A lawyer can help open probate, obtain letters, file claims, and negotiate with banks and card issuers.

9) Resources and official West Virginia links

• West Virginia Code — Title 44 (Probate and Decedents’ Estates): https://code.wvlegislature.gov/44/
• West Virginia Judiciary — estate administration and probate resources: https://www.courtswv.gov/public-resources/estate-administration.html
• West Virginia Attorney General — consumer protection information: https://ago.wv.gov/

Helpful Hints

• Get several certified copies of the death certificate right away; banks and government agencies will request them.
• Freeze or close cards immediately — call issuers and follow up in writing with the death certificate and any police report.
• Look for beneficiary designations and joint-account titles; those funds may pass outside probate.
• Keep a written timeline of who accessed the accounts and when — it helps police, banks, and the court.
• If a bank refuses to act, ask for the escalation or compliance unit and provide the court-issued letters when available.
• Notify the three major credit bureaus to place a deceased alert and to dispute fraudulent activity: Equifax, Experian, TransUnion.
• Be cautious about informal family “agreements” to use accounts. Even close relatives can face civil liability if they take estate property without authorization.
• Document communications with financial institutions (date, time, person spoken to, and summary of what was said).