Steps to Respond When a Deceased Person’s Joint Account Is Closed Without Notifying Potential Heirs
Disclaimer: This is informational only and is not legal advice. For help about your specific situation, consult a Colorado attorney who handles probate and estate disputes.
Detailed answer — clear steps to protect your rights in Colorado
If funds from a bank account tied to a deceased family member were removed or the account was closed and you (as a potential heir) received no notice, act quickly. Colorado law treats bank ownership and the authority of estate administrators differently depending on whether the account was truly joint (with a right of survivorship), a payable-on-death (POD) account, or estate property subject to probate. Below are practical, legally relevant steps to preserve your rights and to challenge wrongful closings under Colorado law.
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Preserve evidence now.
- Save any communications from the bank and from the person who closed the account.
- Write down dates, names, amounts, branch locations, and any witnesses.
- Do not destroy bank statements, canceled checks, or electronic records you already have.
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Confirm the account’s legal status.
There are three common possibilities:
- Joint account with right of survivorship: On the death of one joint owner, the surviving joint owner usually owns the account immediately. Banks typically release funds to the surviving owner.
- POD or beneficiary-designated account: The named beneficiary receives funds outside probate when the bank verifies the decedent’s death and beneficiary identity.
- Individual account or estate asset: If the decedent owned the account individually and the account is part of their estate, the personal representative (administrator or executor) must follow Colorado probate rules to distribute funds.
Ask the bank in writing for a copy of its account designation form and for the account agreement showing whether the account was joint, POD, or individual.
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Request a written explanation from the bank.
Contact the bank in writing (certified mail is best) and request:
- A complete transaction history for the period around the decedent’s death.
- A copy of any documents the bank relied on to close the account.
- The bank’s legal basis for releasing or closing the account and to whom funds were paid.
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Determine whether the person who closed the account had legal authority.
If someone acting as an administrator or personal representative closed the account, ask to see their court-issued letters of appointment (letters testamentary or letters of administration). In Colorado, a personal representative should have court authority before disbursing estate assets. If the person had no such authority, they may have acted improperly.
See Colorado probate statutes (Title 15) for rules on probate administration: Colo. Rev. Stat., Title 15 — Probate, Trusts, and Fiduciaries.
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Use administrative complaints and bank channels.
File an internal bank complaint and ask the bank to reverse any wrongful transfer. If the bank does not resolve the issue, file a complaint with Colorado’s Division of Banking (DORA):
Colorado Division of Banking — complaint information and consumer resources.
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Consider prompt probate action if the funds are estate property.
If the account belonged to the decedent and is part of the estate, a beneficiary or interested person can:
- Petition the probate court for an accounting and turnover of estate assets.
- Ask the court to freeze remaining estate assets or to issue a temporary order if funds are being dissipated.
- Move to remove a personal representative who misused estate funds.
Start at your local probate court. The Colorado Judicial Branch provides probate resources and local court contacts: Colorado Judicial Branch — Probate Forms & Information.
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Explore civil claims and criminal referrals.
If a wrongdoer took funds, possible claims include conversion, unjust enrichment, or breach of fiduciary duty (if the person acted as an estate fiduciary). In some cases, the conduct might warrant a criminal theft report to the county district attorney. A Colorado lawyer can advise whether to file a civil suit or request the DA to investigate.
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Get timely legal help.
Statutes and court timelines can limit your options. Contact an attorney who handles probate litigation. If cost is a concern, consider Colorado Bar Association referral resources: Colorado Bar Association or local legal aid clinics.
Key legal authorities in Colorado that govern probate administration and fiduciary duties appear in the Colorado Revised Statutes, Title 15 (Probate, Trusts, and Fiduciaries). For procedural steps in probate court and the duties of personal representatives, consult those statutes and local court rules: Colo. Rev. Stat., Title 15.
Helpful hints — practical tips to strengthen your challenge
- Act fast. Delay can make recovery harder and may limit court relief.
- Ask the bank for an itemized ledger and written reasons for the closure and transfers.
- Get certified copies of any probate filings and the decedent’s death certificate.
- If someone claims survivorship, ask that person to produce evidence of joint-owner signatures on the original account application.
- When communicating with the bank or the administrator, use written communication and keep copies.
- Consider a demand letter from an attorney — it often prompts a quick response.
- If the personal representative is acting in bad faith, request an immediate accounting or file a petition in probate court to compel one.
- Keep personalities out of it: courts focus on documentation and legal authority, not family disputes.