QUESTION

In CA, can I use a Spousal Property Petition to cash my deceased husband's check?

Asked on Apr 02nd, 2014 on Wills and Probate - California
More details to this question:
I want to cash a settlement check that is made payable to my deceased husband. I am the surviving spouse and we never opened up probate. The bank told me I need a Letter of Testamentary, but can I use the order from the spousal property petition to cash the check?
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1 ANSWER

I am sorry for your loss. A spousal property petition would likely work. However, if under $150,000 you could also do a probate code 13100 small estate affidavit. There are free forms on the internet for that. The key for either is that you have to be entitled to the money. That is, if there are no kids it's yours. If there are kids then it's your if it's "community property." If it's considered "separate property" you could have to share it with the kids. If not sure I would encourage you to talk to an attorney before doing a small estate affidavit. If you decide to do a spousal property petition I also would encourage you hiring an attorney as a good probate attorney makes the process much easier. 
Answered on Apr 03rd, 2014 at 10:08 AM

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