QUESTION
How do I cash a check made payable to estate of my daughter?
Asked on Feb 11th, 2014 on Estate Planning - Louisiana
18 ANSWERS
Edwin K. Niles
Just endorse it as written.
Answered on Feb 17th, 2014 at 8:08 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Try depositing through your ATM; the check may clear; otherwise ask the issuer of the check to reissue you the check.
Answered on Feb 17th, 2014 at 8:08 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You do not, you deposit it into her estate's account.
Answered on Feb 17th, 2014 at 8:08 AM
3 Awards
The court appointed personal representative of her estate can deposit it into an estate account. If you do not have an estate open for her, you should speak with a probate attorney about necessary steps.
Answered on Feb 17th, 2014 at 8:07 AM
Unless you have authority as executor or trustee, you don't.
Answered on Feb 17th, 2014 at 8:05 AM
2 Awards
The easiest thing to do is a small estate affidavit, which you can find on the internet, and take it with a death certificate to the bank. If the bank doesn't cash it, you will have to send the small estate affidavit and death certificate to the company that issued the check and ask them to reissue it in your name.
Answered on Feb 17th, 2014 at 8:04 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If there is no estate, and the check is worth less than $22K, you can use an Affidavit of Decedent's Successor, Form PC598, which you can find, here: http://courts.mi.gov/Administration/SCAO/Forms/courtforms/estatestrusts/pc598.pdf
Answered on Feb 17th, 2014 at 8:03 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You file a probate action in the county she last lived in and get appointed by the court as Personal representative. In Michigan if there is less than $17K involved its a shortened one day procedure.
Answered on Feb 17th, 2014 at 8:03 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If no estate has been opened for your daughter and the value of her estate assets is less than $100,000 you may be able to deposit the check by use of a small estate affidavit. The small estate affidavit will have the Will attached, if any, and will require a statement regarding the heirs of the estate and the creditors of the estate. By signing the small estate affidavit you make yourself responsible for the accuracy of the information and liable for any misrepresentation or loss suffered by the financial institution accepting the affidavit. You may be able to use the small estate affidavit to have the check reissued for the benefit of the heirs of the estate.
Answered on Feb 17th, 2014 at 8:02 AM
Criminal Law Attorney serving Los Angeles, CA
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J. Jeffrey Morris & Associates
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If you have not already you may have to file a probate petition nominating yourself as executor or your daughters estate. Once approved by the court you will be able to cash the check.
Answered on Feb 17th, 2014 at 8:01 AM
Contracts Attorney serving Auburn, WA
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Singletary Law Offices, PLLC
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Generally, the only person who can cash a check made payable to an Estate is the Personal Representative (or "executor") appointed by court order in a probate proceeding. If there was no probate or Personal Representative appointed, you need to work with the check issuer and see if perhaps your daughter's estate would fall under the WA Small Estate Affidavit procedure; if you are a proper Claiming Successor under the statutes entitled to the funds, etc.
Answered on Feb 17th, 2014 at 8:01 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You become the personal representative and sign as that. If there is a personal representative, you give the check to him or her.
Answered on Feb 17th, 2014 at 8:00 AM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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You need to open a probate setts and be named the administrator of the estate. Once you are the administrator you can open a bank account and deposit the check. The assets would still be under the direction of the probate court.
Answered on Feb 17th, 2014 at 8:00 AM
Thomas Edward Gates
You deposit into the estate checking account.
Answered on Feb 17th, 2014 at 6:56 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Ask whoever issued the check to make it payable to her legal heirs instead.
Answered on Feb 13th, 2014 at 9:56 AM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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You will need to go to the probate court and file an affidavit of small estate.
Answered on Feb 13th, 2014 at 9:56 AM
Deposit the check in the estate bank account.
Answered on Feb 13th, 2014 at 9:56 AM
The executor or personal representative of the estate has the authority to cash the check.
Answered on Feb 13th, 2014 at 9:56 AM