Regaining Control of a Deceased Parent's Bank and Credit Card Accounts in Idaho

Detailed Answer

Short summary: If a family member is using a deceased parent’s bank or credit card accounts without authority, act quickly. First secure a certified copy of the death certificate and preserve evidence of misuse. Then prompt the bank and card companies, law enforcement, and the probate court. Under Idaho law, only the person appointed by the court as the estate’s personal representative (executor or administrator) has legal authority to control estate assets once someone has died. You will likely need court-issued letters (letters testamentary or of administration) to get banks and card issuers to release or transfer funds.

What authority ends at death

A power of attorney ends when the principal dies. That means any person who claims authority based solely on a power of attorney cannot legally continue to use the decedent’s accounts after death. Banks sometimes continue to allow access when an account is jointly held, or when they have not received notice and documents proving the death. But unauthorized withdrawals from an account owned solely by the deceased can be civil conversion and criminal theft.

Key steps to regain control (practical, ordered list)

1. Obtain certified death certificate copies. Order several certified copies from the county that issued the certificate. Banks and government agencies will request certified copies.
2. Identify whether accounts are joint, payable‑on‑death (POD), or solely owned. Joint owners and POD beneficiaries often have immediate legal claims; sole-owned accounts become part of the estate and must be handled through probate unless they are small enough for simplified procedures.
3. Contact banks and credit card companies immediately. Inform them of the death, ask them to freeze the account to prevent further withdrawals, and ask what documentation they require (usually a certified death certificate and letters from the court or a copy of the will plus proof of identification for the person claiming authority).
4. Preserve evidence of unauthorized use. Keep account statements, transaction receipts, screenshots, and any communications. Note names, dates, and amounts for each questionable transaction.
5. Report suspected theft or identity fraud to law enforcement. File a police report and get a copy for the bank and for a future civil action if needed. If someone used the deceased person’s identity to open accounts or make purchases, report identity theft to the relevant card companies and federal identity‑theft resources.
6. Locate the will and determine whether probate is required. If there is a valid will, the will usually names an executor. If no will exists, a family member can petition the probate court to be appointed as the personal representative (administrator).
7. File with the probate court to be appointed personal representative. The court issues letters (letters testamentary for an executor named by a will; letters of administration when court appoints an administrator). Presenting these letters to banks gives the representative legal authority to access estate accounts and handle creditor claims. Idaho’s probate and estate laws are in Idaho Code Title 15: Idaho Code Title 15 — Probate and Estates.
8. Use the letters to reclaim or distribute funds. After you receive court authority, present certified copies of the death certificate and the letters to the banks and card issuers. The bank should release estate funds to the personal representative to pay valid debts and distribute remaining assets per the will or Idaho intestacy rules.
9. If another person resists turning over funds or continues to use accounts, pursue civil and criminal remedies. You can ask the probate court for emergency relief (temporary restraining orders or turnover orders) and you may file a civil suit for conversion or breach of fiduciary duty. Criminal theft or fraud charges may apply under Idaho law; see Idaho Code Title 18 for criminal statutes: Idaho Code Title 18 — Crimes and Punishments.
10. Consider hiring a probate attorney. A lawyer can help you file for appointment, draft and file emergency motions, and coordinate with banks and law enforcement. For help finding attorneys in Idaho, see the Idaho State Bar: https://isb.idaho.gov/.

Special situations

Joint accounts: A surviving joint owner commonly retains access. If the joint owner is misusing funds that should flow to the estate (for example, funds that should pass under the will or to creditors), you can contest transfers in probate court.

Small estates / affidavit procedures: Idaho law provides simplified procedures for small estates in some cases. These rules let certain assets be collected without full probate. The probate court or a probate attorney can tell you whether that option applies.

Credit card accounts and creditor claims: Card issuers typically close or freeze accounts on notice of death. Creditors may file claims against the estate. The personal representative evaluates and pays valid claims under probate procedures in Idaho Code Title 15.

Timing and urgency

Act fast. Funds can be dissipated quickly. The sooner you get a death certificate and petition the court, the better your chance to freeze accounts and block unauthorized transfers. Also preserve evidence right away for law enforcement and the probate court.

Important legal references: Idaho’s probate and estate provisions are collected in Idaho Code Title 15. Criminal penalties for theft, fraud, and identity theft are in Idaho Code Title 18. Read those titles for statutory language and further guidance: Idaho Code Title 15 and Idaho Code Title 18.

When to consult an attorney

Consult a probate attorney if someone is actively removing money from accounts, if a bank refuses to freeze or turn over funds, if you need emergency court relief, or when estate assets or creditor disputes are complex. A lawyer can file the necessary petition and emergency motions and represent the estate in court.

Disclaimer: I am not a lawyer. This article provides general information about Idaho law and is not legal advice. Consult a licensed Idaho attorney to discuss your situation.

Helpful Hints

• Get several certified death certificates right away — banks often require originals or certified copies.
• Ask the bank to freeze accounts immediately and put a note that the account holder is deceased.
• Collect and preserve digital and paper evidence of suspected misuse (statements, emails, texts, photos, transaction IDs).
• Remember: a power of attorney ends at death. Only the personal representative has authority after death.
• If the other person claims joint ownership, request written proof of title or account agreement.
• File a police report for theft or identity fraud; provide a copy to the bank and to the probate court if you petition for relief.
• Contact card issuers to dispute unauthorized charges and close compromised accounts. Ask for written confirmation of actions they take.
• Consider freezing the decedent’s credit file with the three major credit bureaus to prevent new accounts from being opened in their name.
• Keep a log of every call you make: name, agency, date, time, and what was said. This helps with later court filings.
• When in doubt, consult a licensed probate attorney to avoid mistakes that could delay recovery or distribution of estate assets.