I received a check from my deceased spouse home ownerโs insurance. My spouse and I were separated, still legally married, different household and I have papers from the courts stating that I am the administrator. There is no estate. His home is being returned to the bank. I was not listed on his mortgage.
Normally, when a check is payable to the estate, you can only deposit it into an estate account. If you need to open an estate, see if you can get the insurance company to reissue the check payable to you. You can also see if they will release it to you pursuant to section 3101 of the Probate, Estates and Fiduciary Code if you produce a paid funeral bill. If none of this works, call a lawyer.
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