Detailed answer — how Georgia law treats post‑death withdrawals

When a person dies, control of most of their assets shifts to their estate. In Georgia, the rules that control who can access bank accounts and credit cards after death depend on how those accounts were titled and whether the deceased named a beneficiary.

1) Common ownership or beneficiary designations

• Payable‑on‑death (POD) or beneficiary designations: If the account has a valid POD or beneficiary designation, the named beneficiary generally owns the funds immediately on death and the bank should pay that person without probate. This avoids estate recovery.
• Joint accounts with right of survivorship: If the account was jointly owned with right of survivorship, the surviving joint owner typically becomes the owner automatically.
• Solely in decedent’s name (no beneficiary or joint owner): The bank will usually freeze the account when provided notice of death. The assets belong to the decedent’s estate and must be handled through probate or as allowed by Georgia small estate procedures.

2) Withdrawals made by an heir without authority

If an heir withdraws money from an account that belonged solely to the decedent (no POD, no survivorship) after the death, that withdrawal is not a lawful distribution. The estate’s personal representative (executor or administrator) has the duty to collect estate assets and distribute them according to the will or intestacy rules. A survivor’s unilateral withdrawals are usually treated as:

• Civil wrongs: The personal representative can sue the heir for conversion (wrongful taking), unjust enrichment, or for an accounting and recovery of the funds. These remedies are commonly used to restore estate assets.
• Probate remedies: The personal representative can ask the probate court to compel return of funds, surcharge the heir (make them personally liable), or adjust distributions to other beneficiaries to account for the wrongful withdrawal. See Georgia probate rules in O.C.G.A. Title 53 for the court’s role in estate administration.
• Possible criminal liability: If the withdrawal amounts to stealing or fraud, the state may bring criminal charges under Georgia’s theft statutes. See Georgia’s theft and related offenses under O.C.G.A. Title 16, Chapter 8. Whether prosecutors charge depends on intent, evidence, and prosecutorial discretion.

3) Credit cards and authorized users

• If the deceased was the primary cardholder and an heir charged purchases after death without authorization, the card issuer can seek payment from the person who made the charges. The estate may also be responsible for legitimate charges placed on the account before death.
• If the heir was an authorized user, the card issuer’s contract with the bank determines liability; the estate might not have to pay unauthorized post‑death charges, and the issuer could pursue the person who made the charges.
• Joint credit card accounts where the heir is a co‑owner or co‑debtor create different obligations—joint account holders remain liable for the debt.

4) Practical limits and timeline

Recovery is generally possible, but several practical factors affect success:

• How quickly the personal representative acts. Banks often freeze accounts once they learn of a death, making recovery easier if action is prompt.
• Where the money went. If the heir still has the funds, recovery is straightforward. If the heir spent or transferred the money to a third party, recovery may be harder and slower.
• Documentation. Bank records, account statements, and evidence of the decedent’s account ownership all help.
• Statutes of limitation and probate deadlines. Civil claims must be filed within applicable time limits; also, probate procedures have timing requirements. Consult counsel quickly.

Typical recovery steps under Georgia law

1. Get a certified copy of the death certificate.
2. Confirm account ownership and whether a POD, beneficiary, or joint title exists.
3. Notify the bank and card issuer in writing that the account holder is deceased.
4. Open probate (if necessary) and appoint a personal representative. The personal representative has legal authority to recover estate assets under Georgia probate law: O.C.G.A. Title 53.
5. If an heir refuses to return funds voluntarily, the personal representative can file a civil claim for conversion or unjust enrichment and can ask the probate court to require return or surcharge the heir.
6. If theft or fraud is suspected, consider a criminal complaint to local law enforcement; prosecutors may pursue charges under O.C.G.A. Title 16, Chapter 8.

Helpful hints

• Act quickly. Early action preserves evidence and bank records and limits dissipated assets.
• Do not confront or threaten the heir. Use the legal process to recover funds.
• Keep all records: bank statements, transaction receipts, communications with the bank or card company, and the death certificate.
• Ask banks for a freeze or temporary hold on accounts when you suspect wrongful withdrawals.
• If you are a possible personal representative, consider hiring an attorney experienced in Georgia probate and estate litigation to file the correct petitions and, if needed, a civil suit.
• Consider both civil and criminal routes. A civil recovery returns money to the estate; criminal charges can deter future misconduct.