QUESTION
I have a will where I'm named executor of the estate. Do I need to go through probate court to cash the check that was made to deceden't estate?
Asked on Apr 23rd, 2021 on Wills and Probate - California
More details to this question:
My mother passed away and left a will where I'm named as an executor. It's a small estate (less than $15K) and I was able to receive the check from her retirement account by sending them small estate petition. Right now my bank is telling me that I still need to go to court and get Letters of Administration to cash that check. What should I do?
1 ANSWER
2 Awards
A Will has no legal effect until it is admitted to probate. You may be named executor in the Will but you are not the executor until a court appoints you and issues Letters Testamentary. Some states permit small estate petitions but generally only when there is no Will. Please discuss your situation with a local probate attorney.
Answered on Apr 24th, 2021 at 5:06 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.