Detailed Answer — Your rights and next steps under Alabama law
When a decedent’s joint bank account is closed by someone acting as an estate administrator (often called a personal representative) without telling heirs, several legal issues can arise: whether the account was truly a joint account with right of survivorship, whether the person who closed the account had legal authority, and whether heirs were deprived of funds improperly. Under Alabama probate law, the court supervises administrators. That supervision includes review of inventories, accountings, and the power to remove an administrator or order recovery for misuse of estate assets. For statutory context, see the Code of Alabama Title 43 (Probate) for the probate court’s powers and fiduciary duties: https://alisondb.legislature.state.al.us/codeofalabama/1975/
Step 1 — Identify the account type and gather basic documents
Not all “joint” accounts work the same. Common forms include:
- Joint Tenants with Right of Survivorship (JTWROS) — surviving owner typically becomes sole owner automatically.
- Payable-on-Death (POD) / Totten trust — funds pass to the named beneficiary outside probate.
- Joint account held for convenience — the bank agreement or account card will describe the parties’ rights.
Collect these documents right away:
- Certified copy of the death certificate.
- Account statements and the bank’s account agreement or signature card (ask the bank for copies in writing).
- Any letters of administration or letters testamentary produced by the probate court (if someone has already opened an estate).
- Communications from the bank or the administrator about the closure.
Step 2 — Ask the bank for a written explanation and records
Contact the bank in writing and request:
- Why the account was closed and the date of closure.
- Copies of the account agreement, signature card, and any beneficiary or POD designation on file.
- Transaction history around the time of death and closing.
- Whether the bank accepted letters of administration or other court documents and, if so, copies.
Banks usually document why they freeze, close, or disburse funds. A written response helps you plan the next steps and can be evidence for the probate court.
Step 3 — Check the probate court records
Search the probate court in the county where your parent lived to see if anyone filed a will or petitioned for administration. If an administrator already has letters from the probate court, that person has limited authority under Alabama probate law to collect and manage estate assets. The probate court supervises the administrator’s conduct and can require accountings or remove a fiduciary for misconduct. See the Code of Alabama Title 43 (Probate) for the probate court’s jurisdiction and remedies: https://alisondb.legislature.state.al.us/codeofalabama/1975/
Step 4 — Send a written demand for an accounting
If an administrator closed the account and took possession of funds, send a written demand (via certified mail) asking for a full accounting of the transactions and the basis for taking the funds. Alabama probate law requires fiduciaries to keep clear records and to provide accountings to the court and heirs. If the administrator fails to respond or the accounting is incomplete, you can petition the probate court to compel an accounting and to review the transactions.
Step 5 — File a petition in probate court to compel relief
If informal efforts fail, file a petition in the local probate court. Common probate petitions in this situation include:
- Petition to compel an accounting by the administrator.
- Petition to compel turnover of funds improperly removed from estate property.
- Petition to surcharge or hold the administrator liable for losses from misappropriation.
- Petition to remove the administrator for breach of fiduciary duty.
The probate court can order production of bank records, require the administrator to return funds, and assess damages or remove the fiduciary. For where to file and the court’s authority over administrators, consult Alabama probate statutes in Title 43: https://alisondb.legislature.state.al.us/codeofalabama/1975/
Step 6 — Consider emergency relief if funds are disappearing
If you have reason to believe the administrator is quickly dissipating assets, ask the probate court for temporary relief. That may include an emergency order to freeze the estate’s bank accounts or an expedited hearing. Police involvement may be appropriate if you have clear evidence of theft or fraud.
Other remedies and possible claims
- Breach of fiduciary duty. Administrators owe a duty to act in the estate’s and heirs’ best interests. The probate court can remedy breaches.
- Civil conversion or unjust enrichment claims if funds were wrongfully taken.
- Criminal charges. In some cases, the facts may warrant a criminal theft or fraud complaint with local law enforcement or the district attorney.
Procedural tips and evidence to preserve
Act quickly. Preserve evidence and create a paper trail:
- Keep originals and make certified copies of the death certificate and any probate filings.
- Save all bank communications, emails, texts, and notes of phone calls (with date/time and who you spoke with).
- Ask the bank in writing for a certified copy of the account ledger and signature card.
- Gather proof of ownership interest (e.g., the account agreement showing joint title or POD designation).
Helpful Hints
- Request everything in writing. Written bank responses are strong evidence.
- Check the probate docket early — some remedies require prompt action after letters are issued.
- Talk to other heirs. Coordinated action often strengthens a petition to the probate court.
- Consider a lawyer who handles probate disputes. A lawyer can prepare the petition, request emergency relief, and represent you at hearings.
- Know typical outcomes: the court can compel an accounting, order repayment, remove the administrator, or impose sanctions.
- Criminal vs civil: civil probate remedies and criminal charges are separate. Contact law enforcement only if you have clear evidence of criminal conduct.
- Be mindful of costs and timing. Probate litigation can be time-consuming and may require a cost-benefit analysis.
Where to find Alabama statutes and local forms
Look up the Code of Alabama—Title 43 covers probate matters and the probate court’s powers and fiduciary duties. Access the Code here: https://alisondb.legislature.state.al.us/codeofalabama/1975/
Final note and disclaimer
This article provides general information about options available under Alabama law and practical steps you can take. It is not legal advice. For advice tailored to your exact situation, consult a licensed Alabama attorney experienced in probate and fiduciary litigation.