Detailed Answer
Disclaimer: This is general information only and not legal advice. Consult a licensed Arizona attorney to get guidance tailored to your situation.
When a parent dies, control of their financial accounts passes according to the account type, any beneficiary designations, and Arizona probate law. If someone else is using the accounts after death, act quickly. Unauthorized use may be theft or estate misappropriation and can harm estate administration and creditors.
Step 1 — Gather documents and immediate evidence
- Obtain multiple certified copies of the death certificate from the funeral home or the county health department.
- Collect the deceased’s bank statements, credit card statements, checkbooks, account numbers, online account login information (if available), copy of the will (if any), and any power of attorney documents.
- Note dates, amounts, and merchant names for any transactions you believe are improper.
Step 2 — Identify account ownership and legal rights
How you proceed depends on how the accounts are titled:
- Solely in the deceased’s name: The account becomes part of the probate estate and a personal representative (executor) must be appointed to manage it. Arizona probate law governs this process. See Arizona Revised Statutes, Title 14, for probate rules: https://www.azleg.gov/arsDetail/?title=14.
- Joint account with rights of survivorship: Ownership usually passes to the surviving joint owner automatically.
- Payable-on-death (POD) / Transfer-on-death (TOD): The named beneficiary can claim the funds without probate (contact the bank with the certified death certificate).
- Authorized user on a credit card or additional cardholder: Authorized users are not owners. Credit card companies typically cancel cards after the account holder dies, but an authorized user who continues to use the card may be committing fraud.
- Power of attorney: A power of attorney ends at death. Anyone acting solely under a POA after death lacks authority.
Step 3 — Contact banks and credit card companies
Call each institution immediately and tell them the account owner has died. Provide a certified copy of the death certificate. Request that they:
- Freeze or close the account to prevent further transactions pending estate administration.
- Cancel any debit or credit cards and remove unauthorized users.
- Provide account statements and a list of recent activity in writing.
If a bank refuses to freeze or close an account, request written confirmation of their refusal and the reason.
Step 4 — If someone is using the accounts without authorization
- Ask the institution to block further transactions immediately and to reverse any unauthorized charges, if possible.
- File a police report describing the suspected theft or fraud. Bring evidence (statement copies, death certificate, correspondence).
- Report identity theft to the federal IdentityTheft.gov website and follow their recovery steps: https://www.identitytheft.gov.
- File a consumer complaint with the Arizona Attorney General’s Office (Consumer Protection Division) if you suspect financial abuse or if an institution won’t act: https://www.azag.gov/consumer.
Step 5 — Open probate or use small‑estate procedures if needed
If the accounts are solely in the deceased’s name and the estate must handle them, one of these Arizona procedures applies:
- Formal probate / appointment of a personal representative: File a petition with the county superior court in the county where the deceased lived to open probate and appoint a personal representative who has legal authority to control accounts and pursue claims.
- Small estate collection: Arizona offers simplified procedures for small estates that meet statutory thresholds. The court’s self‑help probate pages explain when and how to use small‑estate procedures: https://www.azcourts.gov/selfservicecenter/Probate. For statute guidance, see Arizona Revised Statutes, Title 14: https://www.azleg.gov/arsDetail/?title=14.
Once you are the court‑appointed personal representative, you can formally demand account records, close accounts, and pursue civil claims against anyone who misappropriated funds.
Step 6 — Protect credit records and stop further misuse
- Notify the three major credit bureaus that the person is deceased and request guidance for closing or flagging accounts. (Experian, Equifax, TransUnion.)
- If identity theft occurred, place fraud alerts or freezes and dispute fraudulent debts with creditors in writing.
When to get an Arizona attorney
Talk to a probate or estate attorney if:
- Someone refuses to give banks the death certificate or won’t stop using accounts.
- Large sums are missing or suspected theft occurred.
- The estate has many assets, creditor issues, or contested claims.
An attorney can file for appointment as personal representative, pursue recovery of estate assets, and coordinate with law enforcement and creditors.
Helpful Hints
- Act immediately. Banks often comply quickly when presented with a death certificate.
- Keep copies of all communications with institutions and records of who you spoke with and when.
- Do not rely on a power of attorney after death—banks and creditors will not accept it to manage the deceased’s accounts.
- If you suspect a family member is taking money, document transactions and get legal help before confronting them.
- Use the Arizona Judicial Branch self‑service probate resources for forms and county contact information: https://www.azcourts.gov/selfservicecenter/Probate.
- If you need to report criminal conduct, file a police report and give banks a copy to support recovery efforts.
Key Arizona resources:
- Arizona Revised Statutes, Title 14 (Trusts, Estates, and Protective Proceedings): https://www.azleg.gov/arsDetail/?title=14.
- Arizona Courts — Probate Self‑Service Center: https://www.azcourts.gov/selfservicecenter/Probate.
- Arizona Attorney General — Consumer Protection: https://www.azag.gov/consumer.
- Report identity theft and follow recovery steps: https://www.identitytheft.gov (federal resource).
If you want, I can list documents to bring to a probate intake appointment or suggest wording for a bank written demand to freeze accounts.