Quick answer

Unauthorized charges against your parent’s estate (charges made without legal authority or permission) are typically addressed during probate by the personal representative (executor/administrator). The personal representative must identify missing assets, assess claims, and can sue to recover money or property. If the personal representative won’t act, heirs or beneficiaries may ask the probate court to compel action, remove the representative, or bring a lawsuit themselves. Criminal reporting (theft or financial exploitation) is a separate track you should consider in addition to probate remedies.

How the probate process in Iowa deals with unauthorized charges

1. Who handles the issue

When someone dies, the court appoints a personal representative to gather assets, pay valid debts, and distribute what remains to heirs or beneficiaries. Under Iowa probate law (see Iowa Code chapter 633), that representative has a duty to protect estate property, prepare an inventory, and pursue claims for the benefit of the estate. If unauthorized charges removed estate funds after death (or before death by an individual who took the decedent’s property), the personal representative is the person who normally acts to recover those funds on behalf of the estate. For the statute organizing decedents’ estates, see Iowa Code chapter 633: https://www.legis.iowa.gov/docs/code/633.pdf.

2. What the personal representative does

• Identify and secure estate assets (bank accounts, investments, personal property).
• Prepare an inventory listing estate assets and liabilities.
• Evaluate transfers or charges that appear unauthorized and decide whether to seek recovery.
• File civil claims against persons or entities that improperly took estate funds (claims for conversion, unjust enrichment, money had and received, or breach of fiduciary duty).
• Defend the estate from improper creditor claims while paying valid debts in the proper order required by law.

3. Examples of unauthorized charges and common probate responses

• Charges by a caregiver or family member who continued to use the decedent’s credit/debit cards: the representative can recover those amounts through a civil action and may also cooperate with criminal investigators.
• Withdrawals by someone holding power of attorney that exceeded the authority or occurred after incapacity or death: the representative can seek an accounting and recovery and may ask the court to surcharge (financially punish) a fiduciary who misused funds.
• Debits from a jointly held account after death: the law treats joint accounts differently; the representative may still investigate and raise an action if funds belong to the estate rather than the surviving co-owner.

4. What beneficiaries or heirs can do if the personal representative won’t act

1. Raise the issue informally with the personal representative and provide documentation (bank statements, cancelled checks, receipts).
2. If the representative refuses, beneficiaries can petition the probate court to compel the representative to act, to require an accounting, or to remove the representative for failure to perform duties.
3. In some situations, beneficiaries may seek court permission to bring a lawsuit on behalf of the estate themselves.

5. Criminal vs. civil remedies

Unauthorized charges may also be criminal (theft, fraud, identity theft, financial exploitation of an elder). You can and often should report suspected theft to local law enforcement or the county attorney while pursuing civil recovery through probate. Criminal prosecutions are separate from probate estate recovery and do not replace the need to secure civil remedies for the estate.

Practical steps to take right now

1. Preserve evidence: save bank and credit card statements, receipts, transaction details, online account records, and any written communications about charges.
2. Contact the personal representative: provide copies of evidence and ask for an accounting or investigation.
3. Freeze or monitor accounts: if you have authority, or ask the personal representative to restrict account access to prevent more unauthorized charges.
4. Report suspected theft: contact local law enforcement or the county attorney if you believe criminal conduct occurred.
5. Consider a civil claim: the personal representative can file suit; if they won’t, beneficiaries can ask the court to require action or obtain standing to sue on the estate’s behalf.
6. Get legal help: consult an Iowa probate or estate-planning attorney if the situation is complex, the representative refuses to act, or large sums are at stake.

Helpful hints

• Act quickly to preserve evidence and prevent further depletion of estate funds.
• Keep careful records of communications with the personal representative and other parties.
• If someone held a power of attorney, request an accounting from that agent; misuse by an agent can lead to surcharge and removal by the probate court.
• Understand that probate remedies (recovery and redistribution) are civil and separate from any criminal prosecution.
• Use the Iowa Courts website to learn more about probate procedures and local court forms: https://www.iowacourts.gov/.
• When in doubt, consult a local Iowa attorney so you do not miss procedural deadlines or statutory requirements for claims and court petitions.