California: Regaining Control of a Deceased Parent’s Bank and Credit Card Accounts | California Probate | FastCounsel
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California: Regaining Control of a Deceased Parent’s Bank and Credit Card Accounts

August 12, 2025 6 min read

How to regain control of a deceased parent’s bank and credit card accounts in California

Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a California-licensed attorney.

Detailed answer — step-by-step under California law

If someone else is using your deceased parent’s bank or credit card accounts, act quickly. You must both stop unauthorized activity and get lawful authority to access and control the accounts. Below are practical steps and legal paths commonly used in California.

1) Get the death certificate and gather basic documents

  • Obtain multiple certified copies of the death certificate from the county where your parent died. Banks and card companies require certified copies.
  • Locate the will (if any), account statements, bank cards, credit card numbers, signature cards, beneficiary designations (POD or TOD), and any power of attorney documents. If a power of attorney exists, it terminates at death and does not give post-death authority.

2) Notify banks and card issuers immediately

  • Call the bank’s customer-service and fraud departments and the credit card companies. Tell them the account owner is deceased and you suspect unauthorized use.
  • Provide a certified copy of the death certificate. Ask the institution to freeze or close the account to prevent further charges or withdrawals while the matter is resolved.
  • Request account histories and recent statements in writing so you can document misuse.

3) Know the common ways assets move after death

  • Joint accounts: If your parent had a joint account with survivorship, the surviving joint owner usually retains the funds. Banks often allow the survivor to continue using the account.
  • Payable-on-death (POD) or Transfer-on-death (TOD): These pass directly to a named beneficiary outside probate; the beneficiary must present the death certificate to claim funds.
  • Individual accounts titled only in the decedent’s name: These belong to the estate and require either a small estate procedure or probate administration to transfer funds.

4) Use a Small Estate Affidavit if the estate qualifies

California law allows collection of certain personal property without full probate if the estate’s total value is under a statutory threshold. The affidavit procedure is designed to let heirs or beneficiaries collect assets held by institutions.
See California Probate Code § 13100 and following sections for the small estate affidavit rules: Cal. Prob. Code § 13100. For a practical overview from the courts, see the California Courts probate self-help page: courts.ca.gov — Probate.

5) Open probate when necessary — appoint a personal representative

If the estate does not qualify for the small estate procedure or the accounts are disputed, you will likely need to open probate and be appointed as personal representative (executor). The court-issued Letters Testamentary or Letters of Administration give you legal authority to deal with banks, close or transfer accounts, and pursue misused funds.

6) If someone is using accounts improperly, consider criminal and civil remedies

  • Report suspected theft or identity theft to local police. California’s theft statute is Penal Code § 484. Unauthorized use of another’s identifying information is criminal identity theft under Penal Code § 530.5: Cal. Penal Code § 484 (theft), Cal. Penal Code § 530.5 (identity theft).
  • Give the bank and card issuers the police report number and ask them to open a fraud investigation and reverse unauthorized charges.
  • If the person is a joint account holder claiming ownership improperly, you may need to file a civil suit or probate petition asking the court to declare rights to the funds.

7) Protect credit and identity

  • Notify the three national credit bureaus that the person is deceased and that you suspect fraud. The California Attorney General offers resources about identity theft: oag.ca.gov — Identity Theft.
  • Ask banks and card companies to close accounts and reissue replacements if necessary. Cancel automatic payments or linked accounts that the decedent cannot authorize.

8) Preserve evidence and document everything

  • Document calls, names, dates, and what the bank or card issuer told you. Keep copies of letters, emails, certified mail receipts, and police reports.
  • Get written confirmations from banks when they agree to freeze accounts, close accounts, or open investigations.

9) When to hire an attorney

Consider hiring a California probate or consumer/elder-law attorney if any of the following apply:

  • The estate is large or complex.
  • A third party refuses to stop using the accounts or refuses to turn over funds.
  • You need to open probate and want help guiding the paperwork and court process.
  • There is suspected criminal fraud involving family members or others.

Helpful hints

  • Order multiple certified death certificates right away; institutions generally want originals, not photocopies.
  • Ask the bank for all signature cards and account-opening paperwork; signatures and account titles help prove whether an account belonged solely to the decedent, had a joint owner, or named a POD beneficiary.
  • Do not rely on a power of attorney after death — it no longer applies. Instead, use Letters from probate court or a small estate affidavit.
  • Keep calm and act quickly. Banks and card issuers typically respond faster if you can show you are seeking court authority or have filed a police report.
  • If an account was emptied, document the withdrawals and ask the bank for transaction details. Those records are key in civil or criminal claims.
  • If the person using accounts claims they are entitled (for example, as a joint owner), ask the bank for the account agreement and any beneficiary forms. Those documents often decide the outcome without court intervention.
  • File a police report and keep the report number. Many banks require a police report to investigate fraud or reverse charges.
  • Use the California Courts website for forms and instructions on small estate affidavits and probate: courts.ca.gov — Probate Self-Help.

Taking the right sequence of steps — document, notify, freeze, and then seek legal authority (small estate affidavit or probate) — will give you the best chance to stop unauthorized use and recover funds. If you face resistance from a bank or from a family member, consult a California attorney who focuses on probate or consumer/elder law.

Resources

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.