Challenging an Administrator Who Closed a Joint Bank Account — Georgia

Disclaimer: This is general information, not legal advice. Consult a Georgia attorney for advice about your specific situation.

Detailed Answer

If an estate administrator closed a bank account belonging to your deceased father without notifying heirs, you have several paths under Georgia law. What you do first depends on how the account was titled and whether the administrator had authority to act.

1. Quickly gather the key documents and facts

• Death certificate.
• Bank records: account statements, check images, the account signature card, and any letters or emails from the bank showing why the account was closed or frozen.
• Estate documents: letters of administration or letters testamentary, the probate court file number, any inventory filed by the administrator, and communications from the administrator showing authority or actions taken.
• Communications: all messages between you and the administrator or the bank about the account.

2. Identify who legally owned the account

Georgia law treats accounts differently depending on title:

• If the account was a true joint account with right of survivorship (titled to your father and another living person), the surviving joint owner typically owns the funds immediately and those funds likely are not estate property. Ask the bank for the account title and for their reason for closing. Banks will often freeze or close accounts after notice of death; that action is not rare but may be incorrect if the surviving joint owner has rights.
• If the account was solely in your father’s name, or was an account opened as a payable-on-death (POD) or trust-account, it may be estate property and subject to probate. An administrator who controls estate assets must follow probate procedures and fiduciary duties.

3. What duties does an administrator have in Georgia?

An administrator (personal representative) is a fiduciary. They must identify, preserve, and account for estate assets and give notice to entitled parties when required by law or court order. If the administrator improperly took, misapplied, or concealed estate property, heirs and interested parties can ask the probate court for relief. For general information about probate procedure and the role of the personal representative in Georgia, see the Georgia Courts probate pages: https://georgiacourts.gov/probate-court/.

4. Practical steps to challenge the closure

1. Contact the bank in writing. Ask why the account was closed, request copies of the signature card and any paperwork the bank relied on, and demand a transaction history. Banks usually keep documentation showing who authorized transactions or account closure.
2. Ask the administrator for an accounting. If the administrator is controlling estate assets, Georgia probate procedure allows interested persons to request an accounting or file objections in the probate court where the estate is open. Keep written demand copies.
3. File a petition in probate court. If the administrator refuses to cooperate, file a motion or petition with the probate court that appointed the administrator. Typical requests include an order compelling an accounting, ordering turnover of funds, surcharging the administrator for losses, or removing the administrator for breach of fiduciary duty. Your local probate court clerk can explain filing procedures and forms. See Georgia Courts’ probate resources: https://georgiacourts.gov/probate-court/local-probate-courts/.
4. Seek emergency relief if funds are being dissipated. If you believe money is being spent or hidden, you can ask the probate court for temporary injunctive relief or an emergency order to freeze assets. Courts can act quickly when estate assets are threatened.
5. Consider civil claims. If you can show the administrator converted funds or otherwise acted unlawfully, you may have civil claims (breach of fiduciary duty, conversion, unjust enrichment). In some cases, criminal theft or fraud charges may be appropriate; contact law enforcement and an attorney for guidance.

5. Timing and statutes

Georgia probate law sets procedures and timelines for administration, notice to creditors, inventories, and accountings. The Georgia Code contains the governing statutes and the probate court’s local rules control procedure. For the official Georgia Code and to look up specific probate statutes, start at the Georgia General Assembly site: https://www.legis.ga.gov/georgia-code. For practical probate court procedures and forms, use the Georgia Courts site: https://georgiacourts.gov/probate-court/.

6. When to contact a lawyer

If the administrator refuses to provide records, if sizable funds are missing, or if the administrator is a suspected wrongdoer, consult a Georgia probate attorney promptly. An attorney can draft the court filings, request emergency relief, and pursue damages if needed. If you cannot afford a lawyer, contact your local legal aid office or the state bar referral service for help finding representation.

Helpful Hints

• Act quickly. Evidence and bank records fade; courts are more likely to grant emergency relief the sooner you act.
• Preserve communications. Save texts, emails, letters, and voicemail transcriptions from the administrator and the bank.
• Get certified copies of the death certificate and any probate filings from the court—banks and courts will usually require certified copies to act.
• Don’t assume a joint account always belongs to the survivor. Ask the bank for the specific title designation and request the account contract or signature card.
• Request a formal accounting in writing. If the administrator fails to provide one, file the request with the probate court as part of an objection or petition.
• Use the probate court where the estate is open. That’s the proper forum for disputes over an administrator’s conduct and for petitions to remove or surcharge a personal representative.
• Keep complaints factual and concise. Courts prefer clear evidence (bank records, receipts, timelines) over allegations without documentation.

For more guidance about filing in the proper Georgia probate court and for access to forms, visit: https://georgiacourts.gov/probate-court/ and the Georgia Code site: https://www.legis.ga.gov/georgia-code.

Remember: this information explains general Georgia procedures and possible remedies. It is not a substitute for advice from a licensed Georgia attorney who can analyze your specific facts and represent you in court.