What happens when an heir withdraws money from a deceased parent’s accounts — can the estate recover it?

Short answer: Often, yes. If the money or charges came from assets that belong to the decedent’s probate estate (accounts titled only in the deceased’s name), a personal representative can usually recover unauthorized withdrawals or charges. Recovery options include demanding return, including the transfers in the probate accounting, filing a civil action for conversion or unjust enrichment, and in some cases pursuing criminal theft or fraud charges. The outcome depends on how the account was titled (sole owner, joint tenant, POD beneficiary), whether probate has been opened, and whether the person who withdrew funds had authority.

Detailed answer — how Florida law treats withdrawals after death

1. Which funds are part of the probate estate?

Assets titled solely in the deceased person’s name generally become part of the probate estate and must be collected and administered by the personal representative appointed by the probate court. Florida’s probate laws set out how a personal representative must locate, preserve, and distribute estate assets under Chapter 733 and related probate statutes (see Chapter 733 and Chapter 735: Fla. Stat. Ch. 733, Fla. Stat. Ch. 735).

2. Distinguish probate vs non‑probate assets

Who can keep or withdraw funds depends on how the account is titled:

Solely in decedent’s name: Money is part of the probate estate. Unauthorized withdrawals by an heir are wrongful and recoverable.
Joint account with right of survivorship: Surviving joint tenant(s) typically take the funds outright at death. An account that becomes the surviving owner’s property is not part of the probate estate.
Payable‑on‑death (POD) or beneficiary designation: Funds pass to the named beneficiary outside probate.
Retirement accounts & life insurance: These go to named beneficiaries and are typically non‑probate.

3. If an heir withdrew funds from a probate account

If an heir withdraws money from a bank account that is part of the probate estate (solely in the decedent’s name) and did so without authority, the withdrawal is generally unauthorized. Remedies include:

Demand and return: The personal representative (or an heir who will be the PR) can demand return of the funds.
Include on the probate accounting: The PR can include the improper withdrawal in the estate accounting and seek a surcharge or order for repayment from the probate court under Florida’s probate administration rules (Chapter 733). A probate judge can order the person to repay the estate.
Civil suit: The estate can sue the person for conversion, unjust enrichment, or money had and received to recover the amount taken plus possibly interest.
Criminal referral: Unauthorized withdrawals may also violate Florida’s theft statute (see Florida theft statute: Fla. Stat. § 812.014). The estate or family may refer the matter to law enforcement or the State Attorney, who decides whether to pursue criminal charges.

4. If the account was joint or the heir had authority

When someone is a true co‑owner (for example, a joint account with right of survivorship), withdrawals by that co‑owner are usually lawful because ownership passed at death. If the heir was the decedent’s agent (power of attorney), that power ends at death and cannot be used to take post‑death funds. Similarly, credit card accounts are governed by contract and card issuer policies; unauthorized post‑death use can be a basis for civil or criminal liability.

5. Credit cards and post‑death charges

Credit card debt is usually paid from the estate during probate. Charges placed on the deceased’s credit card after death are typically unauthorized. If an heir continued to use a deceased parent’s credit card, the estate can seek reimbursement for those charges and may report the conduct to the card issuer and law enforcement.

6. Practical evidence and tracing

Successful recovery often requires documentation: bank statements, withdrawal receipts, ATM records, card statements, and communications. If withdrawn funds were spent or transferred, the estate may be able to trace them and seek recovery from the recipient or obtain an accounting of where the money went.

7. Timing and statutes of limitations

Timing matters. Open probate promptly so the court can supervise collection of assets and the PR can assert claims. Civil claims such as conversion generally have a statute of limitations. For procedural deadlines and timeframes that affect claims and administration, see Florida’s statutes on civil procedure and probate administration (see Fla. Stat. Ch. 95 and Chapter 733).

8. If no probate was opened yet

If someone withdraws funds and no probate is open, beneficiaries or potential personal representatives should act quickly: preserve records, contact the bank to freeze accounts if appropriate, and file a petition to open probate so the court can appoint a personal representative and address wrongful transfers.

Common legal claims the estate can bring

Conversion — wrongful exercise of control over estate property.
Unjust enrichment — requiring return of benefits that would be unfair to keep.
Breach of fiduciary duty — if the person who took funds was a fiduciary (a personal representative, guardian, or trustee).
Fraud or theft — criminal remedies pursued by the State under Florida law (e.g., Fla. Stat. § 812.014).

What you should do now — immediate steps

Preserve evidence: Get all bank and card statements and copies of checks or transfers.
Contact the bank or card issuer: Explain the death and ask about freezing the account and reversing unauthorized transactions.
Open probate or contact the personal representative: If a PR already exists, notify them right away so they can include the matter in the estate administration. If no PR exists, consider filing to open probate.
Document communications: Send a written demand for return of the funds if appropriate.
Consult an attorney experienced in Florida probate and estate litigation: They can advise about filing for recovery, accounting, and possible criminal referral.

Helpful Hints

Do not destroy documents. Preserve bank statements, checks, ATM receipts, and emails.
Act quickly. The longer money is missing, the harder it may be to recover.
Be careful when dealing with banks — different banks handle deceased‑customer accounts differently. Get any promises in writing.
Remember the difference between probate and non‑probate assets. Joint accounts and POD beneficiaries often pass outside probate and are not recoverable through probate court if they were validly titled.
If the person who withdrew the funds was named personal representative, the probate court can hold them accountable through a surcharge and removal if they breached duties under Florida probate law (see Fla. Stat. Ch. 733).
Consider both civil and criminal options. Even when a civil recovery is likely, a criminal investigation may provide additional leverage or restitution.

Where to find the statutes referenced:

Florida Probate and administration: Fla. Stat. Chapter 733 and Fla. Stat. Chapter 735.
Theft and related criminal statutes: Fla. Stat. § 812.014 (theft).
Florida civil statute of limitations overview: Fla. Stat. Chapter 95.

Final note and disclaimer

The information above explains general Florida law and common remedies when someone withdraws funds from a deceased parent’s accounts. This is educational information only. It is not legal advice, and reading this does not create an attorney‑client relationship. For specific legal rights, timelines, and options in your situation, consult a licensed Florida attorney who handles probate and estate litigation as soon as possible.