If your husband's checking account was in his name only (and he did not name someone as payable on death beneficiary), then the only way to access that account with permission of probate court. As soon as possible, you should contact a probate lawyer in the county where your husband died. If your husband left a will, he would have named an executor in that document. The executor will be the person responsible for working with the probate lawyer to open his estate. "Opening his estate" involves filing the documents necessary at court to begin the process of gathering your husband's assets, paying his final debts, and passing what is left to his beneficiaries.
If your husband did not leave a will, you can still apply in probate court to be administrator of his estate. The process of being appointed administrator is a bit different than the process of being appointed executor. A probate lawyer can explain the differences, and can help you get appointed.
Once your husband's estate is opened, the executor or administrator can take control of the checking account and can return the proceeds of your check to you.
Tonya R. Coles, Attorney at Law
Elder Law -- Estate Planning -- Probate
www.tonyacoles.com
Answered on Aug 05th, 2012 at 4:03 PM