Detailed answer — what to do right now and what the law says

When a person dies, their financial accounts do not automatically transfer to others unless there is a named surviving owner, a payable‑on‑death (POD) or transfer‑on‑death (TOD) designation, or a beneficiary. In Iowa, control of a decedent’s assets generally passes to the personal representative (executor or administrator) who is appointed through probate under Iowa probate law. If someone else is using the deceased parent’s bank or credit card accounts after death, take the following steps promptly to protect assets and begin the legal process to regain control.

1. Confirm the death and collect documentation

• Obtain multiple certified copies of the death certificate from the Iowa Department of Public Health: idph.iowa.gov — Vital Records.
• Find the decedent’s will, bank statements, credit card statements, account terms, and records of titles, POD/TOD designations, and joint ownership documents.

2. Immediately contact banks and credit card issuers

• Call each bank and card issuer, report the account holder’s death, and request the account be frozen or closed pending probate or distribution. Provide a certified death certificate.
• If someone is actively withdrawing, transferring, or using cards, tell the institution you suspect unauthorized use and request transaction histories and a fraud investigation.

3. Determine whether the accounts pass outside probate

• Accounts titled jointly with rights of survivorship automatically pass to the surviving owner.
• Accounts with POD/TOD beneficiaries pass to the named beneficiary when the bank processes the death certificate.
• Accounts titled solely in the decedent’s name generally must be administered through probate and distributed by the personal representative under Iowa probate law (see Iowa Code Chapter 633): Iowa Code Chapter 633 (Probate).

4. If someone is misusing accounts, preserve evidence and file a police report

• Document dates, amounts, and parties involved in suspicious transactions. Save statements, emails, texts, and voicemail.
• Report the misuse to local law enforcement and ask for a written report. Criminal theft or fraud may apply; see Iowa’s theft statutes (reporting and law enforcement action may help freeze accounts and support a civil case): Iowa Code Chapter 714 (Theft and Related Offenses).
• Report identity theft and get an identity theft report at the federal IdentityTheft.gov site: identitytheft.gov. Use that report when disputing charges and asking institutions to restore accounts.

5. Start probate or emergency court proceedings if needed

• If there is a will, the named executor should file the will and petition for appointment with the probate court in the county where your parent lived. If no executor or will exists, an interested person can petition to be appointed administrator. The Iowa courts provide public guidance on probate: Iowa Courts — Probate.
• If assets are being dissipated now, ask the court for temporary or emergency relief (an order to freeze assets, temporary appointment of a personal representative, or a show‑cause order). The court has powers under Iowa probate law to protect estate assets while the administration proceeds: see Iowa Code Chapter 633.

6. Civil remedies if third parties refuse to return funds

• If a person refuses to give back money or continues to use accounts improperly, the estate (through its personal representative) can sue for conversion, unjust enrichment, or breach of fiduciary duty.
• The court can order turnover of funds and award damages and attorney fees where appropriate.

7. Protect credit and handle credit card liability

• Notify major credit bureaus and ask for fraud alerts or freezes. Order free credit reports at annualcreditreport.com.
• Dispute unauthorized credit card charges with the issuer and provide the death certificate and any police or identity‑theft reports.
• Note: credit card companies often limit liability for unauthorized charges, but estate administration determines who is legally responsible for balances.

8. When to consult an Iowa probate or estate attorney

• Hire an attorney if assets are significant, if someone is actively stealing or hiding assets, or if family members dispute who should control the estate.
• An attorney can file the necessary petitions, seek emergency orders, handle creditor disputes, and pursue civil or criminal remedies as needed.

Key legal references: Iowa probate law and theft statutes help explain the court’s authority and criminal remedies. See Iowa Code Chapter 633 for probate and administration: https://www.legis.iowa.gov/docs/code/633.pdf, and Iowa Code Chapter 714 for theft and related criminal offenses: https://www.legis.iowa.gov/docs/code/714.pdf.

Typical timeline: A bank can often freeze an account quickly after receiving a death certificate and fraud report. Probate appointment can take weeks to months depending on the county and whether the petition is contested; emergency court relief can be faster if assets are at risk. Acting fast preserves options.

Helpful Hints

• Obtain several certified death certificates right away. Banks and creditors will ask for them.
• Do not rely on verbal promises from a third party who says they will “handle” the accounts—get written confirmations from the bank or a court order.
• Preserve all evidence of misuse—statements, screenshots, texts, and emails are crucial for police reports and court filings.
• Ask the bank for a transaction history and account holder signature records when you suspect misuse.
• If you cannot immediately reach a probate attorney, many counties have self‑help resources and forms on the Iowa Courts site: Iowa Courts — Probate.
• Use IdentityTheft.gov to create an identity‑theft recovery plan and generate an official report to present to creditors: identitytheft.gov.
• Credit freezes and fraud alerts through the three major bureaus help limit further damage; get current credit reports at annualcreditreport.com.
• If someone claims joint ownership, ask the bank for the account’s title records. Mere access (a debit card or knowledge of online passwords) does not equal legal ownership.