Detailed answer — what happens when unauthorized charges appear on a decedent’s accounts

This FAQ explains how Alaska’s probate system treats charges or withdrawals that someone makes without authority from a parent’s bank accounts, credit cards, or estate funds. “Unauthorized” can mean transactions done (a) after your parent died, (b) before death by an agent who misused a power of attorney, or (c) by a personal representative who paid or took funds without legal authority.

1. Who controls the money once your parent dies?

Once a person dies, their estate — not any previously appointed agent — controls most assets. The personal representative (executor/administrator) appointed by the probate court has the authority to collect assets, pay allowed debts, and distribute the estate according to the will or statute. The representative must follow Alaska probate law and court orders while administering the estate. For the statutes that govern probate and the duties of a personal representative, see Alaska Statutes, Title 13 (Probate) (https://www.akleg.gov/basis/statutes.asp#13).

2. Typical probate safeguards that limit unauthorized payments

• Inventory and accounting: The personal representative must inventory estate assets and provide accountings to the court and beneficiaries. This creates a record of who received funds.
• Notice to creditors: Alaska probate requires notice so creditors can file valid claims against the estate. Unauthorized private charges are not valid creditor claims unless supported by law or contract.
• Bonds and court supervision: Courts can require a bond or other security from a personal representative to protect the estate against theft or misuse.

3. How unauthorized charges are handled in practice

Steps generally followed in Alaska:

1. Identify and document — Collect bank statements, credit card records, and any communications showing the charge or withdrawal and why you believe it was unauthorized.
2. Tell the personal representative — Provide written notice to the PR asking for an explanation and an accounting. The PR has a duty to account for receipts and disbursements to the estate.
3. Object in probate — If the PR paid or allowed the unauthorized charge, beneficiaries or interested persons can file an objection with the probate court, request a hearing, and seek an order to recover funds or surcharge the PR for misconduct.
4. Claims process — Legitimate creditors may file claims within the court’s deadline. Unauthorized “charges” by a third party that are not lawful claims generally should not be allowed. The court decides which claims are allowable before distributions occur.
5. Civil recovery or surcharge — If the PR or another estate fiduciary misapplied funds, the court can require repayment, award damages, or surcharge the fiduciary. The estate may bring a civil action against the wrongdoer to recover losses.
6. Criminal referral — Misappropriation or theft may also be a crime. If you suspect theft, contact law enforcement to investigate criminal charges in addition to probate remedies.

4. Distinguish three common contexts

• Transactions after death: Any withdrawals after death are not authorized merely because someone had access to the account. The bank should freeze or close accounts upon receipt of a death certificate. Unauthorized post-death withdrawals are strong candidates for recovery through probate and possible criminal prosecution.
• Agent under a power of attorney (POA) before death: If an agent abused a POA and took funds before the decedent died, you can pursue a civil accounting and recovery against the agent’s estate or the agent personally. You can also report the abuse to authorities.
• Personal representative misconduct: If the court-appointed PR pays improper charges or takes estate property, beneficiaries can petition the probate court for an accounting, removal of the PR, surcharge, and recovery of estate assets.

5. Timelines and practical limits

Probate includes deadlines for creditor claims and distribution. If distributions occur before you raise an objection, you must act promptly to preserve your rights. Courts look at notice given to interested persons and to creditors; if a valid claim was not filed timely, recovery against the estate may be harder. For general probate procedures and creditor notice requirements, see Alaska courts’ probate information (https://courts.alaska.gov/shc/probate.htm) and Alaska Statutes — Title 13 (https://www.akleg.gov/basis/statutes.asp#13).

6. Remedies the court can order in Alaska

• Return of funds to the estate and restitution.
• Surcharge against a personal representative for breach of fiduciary duty.
• Removal or replacement of the personal representative.
• Appointment of a receiver or special administrator when theft or mismanagement is likely to continue.

7. When to get a lawyer

Get a probate or estate litigation attorney if you see clear unauthorized withdrawals, if the personal representative refuses to provide an accounting, or if the PR denies liability. An attorney can:

• File objections or petitions in probate court.
• Obtain an interim injunction to stop further distributions.
• Pursue civil recovery and coordinate with criminal authorities.

For a basic overview of the probate process and how to file petitions, consult the Alaska court probate resources: https://courts.alaska.gov/shc/probate.htm and Alaska Statutes, Title 13 (probate law): https://www.akleg.gov/basis/statutes.asp#13.

Helpful Hints

• Preserve evidence immediately: download or photocopy bank and credit-card statements, checks, receipts, and emails.
• Ask the personal representative in writing for a full accounting and copies of statements. Keep a dated record of communications.
• Contact the financial institution early. Banks sometimes freeze suspicious accounts when alerted to a death.
• File a prompt written objection in probate if the PR refuses to correct unauthorized charges.
• Look for a bond on the personal representative. If there is a bond, a surety company may compensate the estate for theft by the PR.
• Consider both civil and criminal routes. Civil recovery restores estate assets; criminal prosecution may deter misconduct and result in restitution orders.
• Act quickly on creditor deadlines and probate timelines. Waiting can limit your remedies.
• If cost is a concern, ask the court about assigning a pro bono or reduced-fee probate attorney or consult the Alaska Bar Association’s lawyer referral resources.

Again, this is general information and not legal advice. Laws and procedures change. For action tailored to your situation, consult an Alaska probate attorney.