What to do if someone is using a deceased parent’s bank or credit card accounts in Alabama

Quick summary: If someone is using a deceased parent’s bank or credit card accounts after death, act quickly. Gather documents (death certificate, account records, will or trust documents), contact the financial institutions and local probate court, freeze or close accounts as appropriate, and consider both civil probate remedies and criminal reports for fraud or theft. This article explains practical steps under Alabama law and points you to resources so you can act confidently.

Detailed answer — step-by-step under Alabama law

1. Confirm the facts and gather documentation

Start by collecting basic, verifiable items you will need to present to banks, credit card companies, the probate court, or police:

Certified copies of the decedent’s death certificate (order multiple copies from the county health department or vital records office).
Account numbers, recent statements, checks, debit/credit card photos, online account screenshots showing who is making transactions.
The decedent’s will, trust documents, or any beneficiary/payable-on-death (POD) designations you can find.
Any power of attorney documents (remember: a power of attorney ends at death and cannot be used afterward).
Your ID and proof of relationship or status (heir, beneficiary, named executor).

2. Notify and work with the financial institutions immediately

Call the bank(s) and card issuers. Tell them the account holder died and that you suspect unauthorized use. Typical steps they can take include:

Temporarily freezing or blocking accounts or cards to prevent further transactions.
Requesting a certified copy of the death certificate.
Explaining their requirements for releasing funds — usually a certified death certificate plus proof that you are the personal representative (executor/administrator) or a beneficiary/owner (for joint or POD accounts).
Providing transaction histories and fraud claim forms if charges appear unauthorized.

Important: banks commonly require “letters testamentary” or “letters of administration” from the probate court before they will turn over funds to anyone who is not a named joint owner or beneficiary. If the account has a POD or joint-right-of-survivorship designation, the bank may honor that outside probate.

3. Understand common account titles and what they mean

Individual-only account: Belongs to the decedent and typically must go through probate before funds can be distributed.
Joint account with survivorship: Surviving joint owner usually retains control immediately. If someone else (not a joint owner) is using the account, that use may be wrongful.
POD/Transfer-on-death: Funds pass to the named beneficiary and usually bypass probate.
Trust-owned account: The successor trustee controls the account under trust terms; look for the trust document.

4. Open probate or use a small‑estate procedure if needed

If the account is solely in the decedent’s name and there is no POD or joint owner, you usually must open a probate estate in the probate court of the county where the decedent lived. The probate court issues letters testamentary (if there is a will) or letters of administration (if there is no will). Those letters are the usual proof banks require to release funds or permit an authorized representative to act. Alabama also provides simplified procedures for small estates — check the local probate court for the small‑estate affidavit or simplified administration options.

To begin probate, contact the county probate court clerk. The probate clerk’s office can tell you local filing requirements and which documents the court needs.

5. If someone is actively misusing accounts, preserve evidence and report it

If you have reason to believe a person is withdrawing money, charging purchases, or otherwise misusing accounts after death, do the following immediately:

Keep copies of statements showing the suspicious transactions.
Ask the bank/card company to freeze the account and provide a transaction history in writing.
File a police report with local law enforcement and provide them the documentation. Alabama criminal law prohibits theft, fraud, and certain identity‑theft conduct; a police report creates an official record the bank and courts can use.
Consider reporting identity theft and placing a fraud alert or credit freeze with the national credit bureaus if the deceased’s identity is being misused for new accounts.

6. Civil remedies — how to get access or recover funds

Once you are the court‑appointed personal representative, you can present the letters to banks to recover funds belonging to the estate. If someone has wrongfully taken money, the estate (through the personal representative) can sue for conversion, unjust enrichment, or breach of fiduciary duty. If the misuse is criminal, prosecutors may pursue charges and the court may order restitution.

7. When to talk to an attorney

Consult a probate or elder-law attorney in Alabama if:

The person using the accounts refuses to stop or return funds.
A bank denies access despite your court appointment.
There is a complex estate plan, trust, or competing claims to assets.
You need to file an emergency motion in probate court to preserve assets.

Helpful Alabama-specific resources and statutes

General Alabama Code and probate rules govern estate administration and criminal remedies for theft or fraud. For the full text of Alabama statutes and to locate probate and criminal provisions, use the Alabama Legislature’s searchable code pages:

Alabama Code — Table of Contents (search for titles on probate and criminal law): https://www.legislature.state.al.us/alisondb/codeofalabama/1975/coatoc.htm
Alabama Judicial System (probate court contact and resources): https://judicial.alabama.gov/

Note: specific statute sections address administration of estates, appointment of personal representatives, and criminal theft/fraud. Your county probate clerk can help you locate the Alabama statutes and local forms that apply to your case.

Practical checklist — what to do right now

Order several certified death certificates.
Gather account numbers and recent statements; take screenshots where available.
Call each bank and card issuer, report the death, and request a freeze on accounts.
Ask the bank what they require to permit account access (e.g., certified death certificate, letters testamentary).
File a police report if you suspect wrongful use, theft, or identity fraud.
Contact the county probate clerk to open an estate or learn about small‑estate procedures.
If needed, consult an Alabama probate attorney to protect assets and pursue recovery.

Helpful Hints

Get multiple certified death certificates up front; banks and other institutions often each require their own copy.
A power of attorney stops being valid at death. Do not rely on it to access accounts after the person dies.
Joint owners or POD beneficiaries often take control without probate; check the account title carefully.
Record names, dates, and amounts of any unauthorized transactions — this helps banks, police, and the probate court.
If you believe a joint owner is misusing funds, call the bank and file a police report right away; banks may reverse unauthorized transfers if you act quickly and provide evidence.
Keep communications in writing when possible (email or certified mail) so you have a record of requests and responses.
If funds are disappearing quickly, ask the probate court about emergency relief or a temporary restraining order to preserve estate assets.

Disclaimer: This article is for general informational purposes and does not constitute legal advice. I am not a lawyer. Laws and procedures can change and facts matter. For advice about a specific situation, contact a licensed Alabama probate attorney or the local probate court.