Appellate Practice Attorney serving New York, NY
I assume you mean a check made out TO the decedent; there is no legal reason you can't cash a check FROM a deceased person (although you may run into practical difficulties, such as the account being frozen). However, you can't cash a check made out to the deceased person, as it is an asset belonging to the estate. Only the person or persons appointed by the Court as administrator/administratrix (if no will) or executor/executrix (if there is a will) of the estate can cash the check, the proceeds of which become part of the estate and distributed along with all other assets of the estate.
Answered on Oct 14th, 2013 at 12:32 PM