I withdraw money from my deceased father's bank account to pay his bills. How do I make it right?

Question

I withdraw money from my deceased father's bank account to pay his bills. How do I make it right?

Anonymous Aug 28, 2019 3 views 3 answers

Before learning about the probate process, I withdrew money from my father's bank account with his atm after he died to pay for his cremation and utility bills. I was not an authorized user on his account, but he let me use his atm to run errands for him during his final months. I now know that I need to file a petition for probate and get authorization from the court as his estate representative to access his accounts and transfer them to an estate account to pay his debts. He has a simple estate with no complicated assets and my sisters and I are his only heirs via intestate succession. I have full confidence that I can handle the probate process by myself, but I'm want to know the best way to handle the situation with the bank. It was illegal for me to withdraw that money, and I'm wondering if the bank will take legal action against me. I want to go down to the bank and explain my situation and that I made a mistake with no criminal intent. I would happily pay the money back to the bank and wait to receive letters of administration before accessing the funds. Will the bank charge me with fraud for making this mistake? I just want to make it right, but I'm scared.

Gregory Benton · Answer 1 · 2026-06-15T18:58:32+00:00

The issue isn't with the bank but with the other heirs of your father's estate. If they object then you would need to justify your actions to a probate court. As proceeding via a petition for probate that all depends on the total gross value of his estate. At least try to get a fre consult with a probate attorney on how to best proceed.

Charlene Usher · Answer 2 · 2026-06-15T18:58:32+00:00

If you ha e the statements & receipts for the expenses you paid on behalf of your father or his estate, that should suffice. Any OTHER funds (to you or for you as example) should be replaced. The heirs are the ones who ha e a stake & need an accounting. One of the steps is to close your dad’s existing accounts & open estate accounts which require an estate tax ID #. I highly recommend you retain probate counsel to handle the probate for you as they are paid from the estate & what seems simple is actually rather complicated for someone without experience.

Christine James · Answer 3 · 2026-06-15T18:58:32+00:00

The bank is unlikely to take any action against you and if in fact you used the money for your father’s bills you should be fine.

I withdraw money from my deceased father's bank account to pay his bills. How do I make it right?

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