Disclaimer

This is educational information, not legal advice. I am not a lawyer. For decisions that affect legal rights, consult a licensed Georgia attorney who handles probate and estate matters.

Quick answer — main steps

1. Obtain several certified copies of the death certificate.
2. Contact the bank(s) and credit card companies immediately and report the account-holder’s death; ask the institution to freeze the accounts pending probate or estate administration.
3. Locate a will (if any). If there is a will, file it with the local probate court and ask to be appointed executor. If no will, petition for appointment as administrator (intestate administration).
4. If someone is using the accounts without authority, report the misuse to the bank’s fraud department and to local law enforcement. Consider civil claims for conversion and removal of the unauthorized person from control of funds.
5. Once appointed by the probate court, use Letters Testamentary or Letters of Administration to present to financial institutions to regain lawful control of accounts, collect funds, and pay debts according to Georgia law.

Detailed answer — step-by-step under Georgia law

1. Immediate practical steps (preserve evidence and block further misuse)

Act quickly to limit further loss. Ask the bank and credit card companies to freeze or block further activity on the accounts and to flag them for the estate. Tell them the accountholder is deceased and that you will provide a death certificate and court documents showing who is authorized to act for the estate.

Request written confirmation from the bank that the account was frozen or flagged and request transaction histories and copies of statements for the last 6–24 months. Those records are critical if transactions must be reversed or if you pursue a civil or criminal claim.

2. Gather the documents you will need

• Certified copies of the death certificate (order several; banks usually want originals or certified copies).
• The decedent’s will (if any), recent bank statements, tax returns, and a list of assets and debts.
• Your own ID and contact information for other potential heirs or interested parties.

3. Determine authority to act — probate or small-claims procedures

To control the decedent’s accounts lawfully, someone generally must be authorized by the probate court. If the decedent left a will, the named executor must present the will to the probate court and be issued Letters Testamentary. If there is no will, an interested person (usually a close family member) can file for Letters of Administration to be appointed administrator. Once the court issues those letters, banks must accept them and permit the fiduciary to access and manage estate accounts.

The relevant statutory framework for probate and appointment of personal representatives is in Georgia’s probate statutes (Title 53). For more on Georgia probate processes and local probate courts, see the Georgia Courts probate overview: https://georgiacourts.gov/probate/ and consult the Georgia Code (Title 53) at the Georgia General Assembly site: https://www.legis.ga.gov/.

4. If someone else is using the accounts (fraud, theft, or wrongful possession)

If an unauthorized person (including a family member) is continuing to use the decedent’s accounts, treat the situation as potentially criminal and civil: unauthorized withdrawals or continuing use after notice of death may be theft, conversion, or a related crime under Georgia law. You should:

• Immediately notify the bank’s fraud department and request that they freeze the accounts, reverse fraudulent transfers if possible, and preserve transaction logs.
• File a police report describing the unauthorized use and provide copies of bank statements and other evidence.
• Consult a probate attorney about filing a civil action (for conversion, replevin, or to compel accounting) and about seeking injunctive relief from the probate court to stop further misuse.

5. Use probate court to obtain authority and recovery

Once you have Letters Testamentary or Letters of Administration from the probate court, present them to the financial institutions. Those letters typically restore lawful authority to the personal representative so you can close accounts, recover funds, pay valid debts, and distribute assets according to the will or Georgia intestacy rules.

If someone has already taken money that belonged to the estate, the personal representative can pursue those funds through the bank (for example, by asking the bank to reverse wrongful transfers if they are within the bank’s reclamation or fraud reversal period) or by suing the person who misappropriated funds. The probate court also supervises estate accounting, and the personal representative must provide an accounting to beneficiaries, which helps uncover wrongful conduct.

6. Timing and practical expectations

Probate timelines vary. Obtaining appointment from the probate court can take days to weeks depending on the county and whether a will is straightforward. Banks sometimes accept a certified copy of the death certificate and a certified copy of the will temporarily, but many banks will insist on court-issued letters before releasing funds. Be prepared for a process that can take weeks to months, particularly if disputes or allegations of wrongdoing arise.

7. When to involve law enforcement and when to hire an attorney

Contact law enforcement immediately for suspected theft or fraudulent activity. Hire a Georgia probate attorney when you need to open probate, obtain letters, seek emergency relief (like an order freezing accounts), or pursue civil claims for recovery. If the bank is slow or refuses to act, an attorney can request an interim order from the court directing the bank to freeze or release funds to the estate representative.

8. Typical documents you will present to a financial institution

• Certified death certificate.
• Letters Testamentary or Letters of Administration from the Georgia probate court.
• Copy of the will (if applicable) and any court orders.
• Personal identification for the appointed representative.

Key Georgia law references

Georgia’s probate procedures and appointment of personal representatives are governed by state probate statutes in Title 53 of the Official Code of Georgia Annotated (OCGA). For background and specific statutory text, consult the Georgia Code and the Georgia Probate Courts page:

• Georgia General Assembly (official code search / statutes): https://www.legis.ga.gov/
• Georgia Courts — Probate information and local probate court links: https://georgiacourts.gov/probate/

(An attorney can point you to the exact OCGA sections that apply to appointment of personal representatives, estate administration, and remedies for wrongful taking.)

Helpful Hints

• Order multiple certified death certificates right away; banks and agencies often require originals.
• Get written confirmation from banks when you report the death and ask them to flag accounts for the estate.
• Preserve all records and statements — keep a log of phone calls, dates, names of bank representatives, and what was said.
• If someone has access via a power of attorney, that power generally ends at death. Ask the bank to confirm whether any power of attorney was presented and get copies of it.
• If you suspect immediate dissipation of assets, ask a probate attorney about emergency relief (an ex parte order) to freeze assets while you pursue appointment.
• Do not allow possible wrongdoers to transfer assets or close accounts without written court authorization.
• If the estate is small, ask an attorney whether a simplified or expedited probate procedure is available in your county.
• Talk to the bank about reversing recent transfers — banks can sometimes reverse obvious fraud or unauthorized transfers if alerted quickly.