What happens when unauthorized charges are made to a parent’s estate in Delaware?

Quick overview: If someone charges a decedent’s accounts or bills the estate without legal authority, Delaware’s probate process provides ways to stop the charges, contest claims, recover funds, and hold the person who took or billed the money responsible. The estate’s personal representative (executor or administrator) and the probate court play central roles.

Important disclaimer

This article is educational only and is not legal advice. It explains general Delaware probate principles but not specific legal guidance for your situation. Contact a licensed Delaware attorney to get advice tailored to your case.

Basic concepts (plain language)

Personal representative (PR): the person appointed by the probate court to manage the deceased person’s (the decedent’s) estate. That person collects assets, pays valid debts, and distributes what remains to heirs or beneficiaries.
Probate court: the Delaware court that supervises the PR and the process of paying debts and distributing assets.
Creditor claim: a bill or demand for payment presented to the estate (for debts the decedent owed before death or authorized post-death expenses).
Unauthorized charge: any charge or withdrawal made against the decedent’s accounts or billed to the estate without legal authority (for example, continued credit‑card billing after death, charges by someone using a power of attorney after death, or a relative billing the estate for services that were never authorized).

How Delaware probate handles unauthorized charges — step by step

1. The PR gathers assets and reviews transactions

Once appointed, the PR must locate and secure bank accounts, credit-card accounts, and other assets. That includes obtaining recent statements and checking for any transactions that occurred after death or otherwise look suspicious. The PR’s duty is to preserve estate assets for valid creditors and beneficiaries.

2. Known and unknown creditors are notified

The PR gives notice to known creditors and usually publishes a general notice so unknown creditors can present claims. This is the normal process for allowing legitimate debts to be filed and reviewed by the PR and, if necessary, the court. See Title 12 of the Delaware Code (Decedents’ Estates and Fiduciary Administration) for the statutory framework: https://delcode.delaware.gov/title12/.

3. A bill filed as a claim is either allowed or disputed

If someone submits a claim for charges they say the decedent owed (or for services billed to the estate), the PR reviews and either allows the claim and pays it from estate funds or files an objection with the probate court. Unauthorized charges should be disputed.

4. Contesting unauthorized post‑death charges

Common situations:

If credit‑card charges occur after death, the PR generally can refuse to pay unauthorized post‑death charges. A creditor may still file a claim; the PR can object and ask the court to disallow the claim.
If a person used a power of attorney to incur charges after death, those charges are not valid because a power of attorney ends when the principal dies. The PR can object and seek recovery.
If a caregiver, family member, or the PR itself improperly takes money or bills for unauthorized services, the PR (or a beneficiary) can ask the court for an accounting and repayment and can seek removal of the PR if the PR was the wrongdoer.

5. Remedies available in probate court

The probate court can:

Disallow improperly presented claims and refuse payment from estate funds.
Order a formal accounting by the PR or by anyone who handled estate funds.
Surcharge (financially charge) a fiduciary who misapplied estate assets and order repayment plus interest and possibly court costs.
Remove a personal representative for misconduct and appoint a replacement.

6. Civil and criminal options outside probate

If someone converted estate property or committed theft, the PR or beneficiaries may bring a civil action for conversion, fraud, or breach of fiduciary duty in the appropriate court (sometimes Delaware Chancery Court). In severe cases, law enforcement may pursue criminal charges.

What you (a family member or beneficiary) should do right away

Tell the PR (if not the PR) about the suspected unauthorized charges and provide copies of statements or bills.
Preserve all records: bank and credit‑card statements, care invoices, emails, texts, notes of phone calls, and any powers of attorney or guardianship papers.
Ask the PR whether an estate accounting will be filed. Delaware courts supervise PR accountings and can order one if beneficiaries request it.
If the PR refuses to act or is the alleged wrongdoer, contact a Delaware probate attorney to discuss petitioning the court for an accounting, removal of the PR, and recovery of funds.
Consider filing an informal complaint with local law enforcement if conduct appears criminal (e.g., theft), but coordinate with a lawyer before making statements that could affect civil claims.

Timing and deadlines

Delaware statutes set the procedures and timelines that govern creditor notice, filing claims, and court supervision. The PR must act promptly to protect estate assets and meet statutory requirements. For the governing Delaware statutes that set out the probate and fiduciary rules, see Title 12 of the Delaware Code: https://delcode.delaware.gov/title12/.

Two short hypothetical examples

Example 1: A credit card company posts charges the week after your parent’s death. The PR disputes the charges as unauthorized, refuses payment, and the card issuer files a claim. The PR objects; the probate court disallows the post‑death charges and the estate is not required to pay.

Example 2: A paid caregiver billed the estate for daily in‑home care that family members never authorized and for which no records exist. The PR files an objection, demands receipts, and asks the court to order repayment. If the caregiver refuses, the PR sues for conversion and seeks a court order to recover the funds.

When to consult a Delaware probate attorney

Talk to a Delaware probate attorney if any of the following apply:

The PR refuses to investigate or respond to evidence of unauthorized charges.
The person charging the estate is a PR, agent, guardian, or someone with access to funds.
The amount taken is significant, or multiple suspicious transactions exist.
You want to petition the court for an accounting, surcharge, or removal of the PR.

Helpful hints

Collect and keep copies of every statement and bill you think is suspicious.
Read probate court filings (inventory, accountings) to see how the PR reports charges and payments.
Do not sign away claims or release estate claims without legal advice.
Remember: a power of attorney ends at death — charges made by an agent after death are generally not authorized.
If immediate harm is likely (funds being drained), ask the court for temporary relief to freeze accounts or remove the PR.
Use the Delaware Code (Title 12) as a reference for probate procedures: Title 12 — Decedents’ Estates & Fiduciary Administration.

If you need help locating a Delaware probate attorney or understanding a specific filing in your county’s probate court, consider contacting the local bar association’s lawyer referral service for Delaware.