How does one go about cashing a check made out to an estate?

Question

My father was a class member in a court approved pension lawsuit recently. He passed away in June of 2001. I was named as administrator of the estate. Last week I received the settlement check. The check is made out to the estate of my Father. My name is nowhere on the check. How can I get this check cashed? Thank you for your time.

Norman Green · Answer

For deposit only  Estate of.

Mark T. Peters · Answer

You cash it as executor to the estate.  Bring your letters testamentary with you.  Really, it should be deposited into the estate's bank account.

Edward Armstrong · Answer

You endorse the check by signing your name, "administrator of the estate of......"  You will have to deposit this into the estate's banking account.  If the bank questions this you can provide them with a copy of the court order appointing you as administrator.

Gerald Bagazinski · Answer

You need to go to the Probate court and file a petition to reopen the estate.

Victor Waid · Answer

Assuming you opened an estate account for the estate, then you would deposit the check into that account, as you will need to have an accounting prepared for all income, expenses, and assets for the estate for the court in the administration of the estate.

Kathleen Delacy · Answer

You may have to open the estate again to account for the asset and pay probate tax, etc.

Michael McFarland · Answer

Assuming the estate was not closed, and you are still the administrator (personal representative) of the estate, you should take the check and your appointment papers to the bank where you want to deposit the check, and verify how the bank wants it handled.  A typical endorsement would be "Estate of John Doe by Jane Doe, Personal Representative."  If the case has been closed, or you are not appointed by the court as personal representative (executor, executrix, etc.) you should contact an attorney experienced in probate matters.

Brian Haggerty · Answer

You may have to petition to re-open the estate; I hope the settlement is large enough to justify that.

Erven Nelson · Answer

Talk to your bank,  but you probably will endorse it in your name as administrator of the estate of your father.  Take the bank a copy of the order appointing you as administrator.

Frances Headley · Answer

You may need a court order. You should consult a probate attorney about probate procedures and the alternatives to full probate that may be available to you, depending upon the size of the estate.

Jeffrey Gottlieb · Answer

Are you still administrator - is the probate estate still open? If so, then use your Letters of Office from the court to deposit into a checking account titled in the estate. If not, then you might need to either reopen the estate or possibly use a small estate affidavit.

Christine Socrates · Answer

If you are administrator of the estate, you can get a Letter of Authority from the court, documenting that you are the administrator.  With that you should be able to cash the check or open an estate account if the required by the bank.  You probably received a Letter of Authority from the court when you were appointed in 2001 but the bank will need to see a more recent one from the court.

Dara J. Goldsmith · Answer

You may need to reopen the estate.  I suggest you contact the probate attorney who assisted you.

Maura Curran · Answer

Without knowing more information, and from the sound of your post, you already had the estate opened and closed.  It would appear if that is the case you will have to re-open the probate estate and distribute the funds in accordance with the will or intestate statute.  You should contact a probate attorney to assist you with this procedure.

Thomas Phipps · Answer

If you take the court order appointing you administrator to the bank, they should cash the check for you.  If not, they may make you open an estate account, and hen you will be able to withdraw funds as the estate administrator.

James Frederick · Answer

How much is the check? Who are the beneficiaries of the estate? If less than $21k, there are a number of small estate procedures you can use. Which one works best depends on who the beneficiaries are.

Thomas Edward Gates · Answer

If the probate is still open and your were appointed the Administrator of the estate, you sign your name and deposit it into the estate's account.

James Maguire · Answer

You will have to open an account in the name of your father's succession,   and have the check re-issued in the name of the succession.   Deposit that into the account and distribute according to your father's   will, or to his intestate heirs.

Bernard H. Greenberg · Answer

When a check is made out to an estate, you need an estate bank account to deposit that check. On the other hand, you can see if the payor on the check will reissue a new one. If that fails, you can see if the Small Estate Affidavit will work to allow you to negotiate the check.

Christine James · Answer

You will have to get a certified copy of the court order and take that to the bank.  They should be able to cash it from there.  If not, you can do a small estate affidavit and return the check to have it made out to you.  That is a little more risky but may be necessary.  An attorney can help you with this for a hour or two of their time.

Kelvin Green · Answer

If you are the administrator of the estate, you have established probate and the estate...if not you need to do it through affidavit or file for one.

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