Detailed answer — what typically happens and what remedies exist

When a person dies, their assets generally become part of their estate unless state law or account terms transfer the asset automatically to someone else. In Connecticut, whether the estate (through the executor or administrator) can recover money someone withdrew or charged after the decedent’s death depends on how the accounts were titled, whether the decedent authorized the transfers before death, and whether the taking was lawful.

1. Who actually owns the money after death?

• Payable-on-death (POD) or transfer-on-death (TOD) designations: Funds with a valid POD/TOD beneficiary pass directly to the named beneficiary and do not become part of the probate estate. The estate cannot recover amounts that rightfully belonged to the named beneficiary.
• Joint accounts: If the account was held as a joint account with right of survivorship, the surviving joint owner typically owns the account balance automatically. If the joint title was used as a convenience but the decedent intended the balance to be part of their estate, disputes can arise and the estate may have a claim.
• Individual accounts with no beneficiary or survivorship: Money in an account titled solely in the decedent’s name generally becomes estate property and should be collected by the personal representative (executor or administrator) appointed by the probate court.
• Credit cards: Credit card accounts are contractual. After death, family members are not personally responsible for the decedent’s credit card debt unless they co-signed or are joint account holders. Unauthorized charges made after death can be disputed with the issuer and may give rise to civil or criminal claims against the person who made the charges.

2. If an heir withdrew money or used cards after death, can the estate recover it?

Yes — in many situations the estate can try to recover funds taken without authority. Possible remedies include:

• Civil claim for conversion or unjust enrichment: The personal representative can sue the person who withdrew funds for conversion (wrongful taking or use of property) or unjust enrichment and seek return of money, interest, and possibly other damages.
• Probate accounting/claim against an administrator: If a person was appointed as personal representative and misapplied estate assets, the probate court can compel accounting and order recovery. If a family member withdrew funds before appointment as personal representative but after death, the court can still address improper transfers when the estate is opened.
• Criminal report: If the withdrawal was knowingly wrongful (theft, larceny, or embezzlement), criminal charges may be possible. Criminal proceedings are separate from civil recovery.
• Bank procedures: Banks typically freeze accounts upon notice of death and ask for Letters Testamentary/Administration. If a bank released funds without required documentation, the bank’s policies and state law will determine whether the bank or the individual who received funds is liable.

3. Practical factors courts and probate judges consider

• How the account was titled and whether a beneficiary was named.
• Whether the account withdrawals occurred before or after the exact time of death.
• Whether the person who withdrew funds had actual authority (e.g., was an agent under a valid power of attorney — note that most powers of attorney end at death).
• Documentation the estate can produce (bank statements, communications, wills, beneficiary forms).
• Whether the person who took funds can prove the money was a valid gift or repayment of a loan.

4. Typical Connecticut procedures to recover funds

1. Open a probate estate (if not already opened). The executor or administrator obtains Letters Testamentary or Letters of Administration from the probate court to act for the estate. (See Connecticut Probate Court resources: Connecticut Probate Courts.)
2. Inventory the decedent’s accounts and identify improper withdrawals. Keep copies of bank statements and transaction records.
3. Send a written demand for return of funds to the person who withdrew the money and to the bank (if appropriate). Preserve proof of delivery.
4. If demand fails, the executor can file a civil action in Superior Court for conversion or unjust enrichment or ask the probate court to order an accounting and recovery. For small amounts, a small claims action might be an option.
5. If the taking appears intentional and criminal, file a police report and let prosecutors determine whether criminal charges are warranted.

5. About credit card charges after death

Charges made to a decedent’s credit card after their death are generally unauthorized. The card issuer usually expects the executor to notify them of the death. The issuer will typically investigate disputed charges and may remove them if proven unauthorized. Creditors may have claims against the estate for valid charges incurred prior to death; they generally cannot pursue heirs personally unless those heirs were joint account holders or co-signers.

6. Timing and limits

Statute of limitations and timing issues can affect recovery — the estate should act promptly. The executor must follow Connecticut probate procedures for presenting claims and distributing assets. If you delay, you may lose legal remedies. For state resources and statutes, see the Connecticut General Assembly and Probate Court pages: Connecticut General Statutes (current) and Connecticut Probate Courts.

Helpful hints — practical steps for an executor or family member

• Immediately notify the bank and credit card issuers of the death and ask the bank to freeze accounts until the estate’s personal representative is appointed.
• Gather documents: bank statements, credit card statements, the decedent’s will, account signature cards, beneficiary forms, and any power of attorney documents.
• If you suspect someone has taken funds, make a written demand for return and keep proof of delivery (certified mail or email with read receipts).
• Open the probate estate quickly so the executor can obtain Letters Testamentary/Administration; banks generally require those letters before releasing funds to the estate representative.
• Preserve evidence: take screenshots, save emails and texts, and copy transaction histories. These are important for civil or criminal proceedings.
• Consider a limited claim in small claims court for modest sums. For larger amounts, talk to an attorney about a civil suit for conversion/unjust enrichment or an action in probate for an accounting.
• If the matter seems fraudulent or intentional, file a police report promptly. Criminal charges do not prevent civil recovery and can provide evidence for the estate’s civil case.
• Be cautious about relying on “gifts.” If an heir claims a withdrawal was a gift, ask for proof (written gift, contemporaneous documentation). Courts scrutinize post-death transfers closely.
• Keep distributions on hold until you are sure all assets are accounted for and priority creditors are satisfied. Distributing too quickly can create liability for the person who distributed the assets.