QUESTION

Will I need to go through normal probate for cashing a $10k check made out to my mother estate.

Asked on Feb 25th, 2021 on Wills and Probate - Georgia
More details to this question:
My mother passed away in GA this past June without a will. The only dollar amount in the estate is a $10k insurance policy through the NC teacher retirement system. My farther passed away back in 2001 and he was the beneficiary on the policy; therefore, they made the check out to the estate. The bank is requesting letters of testamentary which is the only document I don’t have. Since this is a small amount I was hoping there would be another way than normal probate. My research indicates it may cost up to $2500 plus court fees. Just trying to find a fast and less expense way to cash this check. Thanks for any help in advance.
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2 ANSWERS

Wills Attorney serving Alpharetta, GA
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Please accept my condolences on your loss. Unfortunately, you will likely need to open the estate, since the check was made out to the estate and not to your mother directly. Since your mother died with no Will, you MAY be able to get the bank on which the check was drawn (the insurance company's bank) to cash the check, if you present the affidavit discussed in O.C.G.A. § 7-1-239.1. (Payment of checks or instruments payable to deceased intestate persons; affidavit included with application for payment." GA. Code 7-1-239.1 Payment of checks or instruments payable to deceased intestate persons; affidavit included with application for payment), but it's not guaranteed to work. All of her children would need to endorse the check and provide the affidavit. If there are any other items in the estate, however, such as real estate, then you may need to open the estate for administration anyhow. Best wishes to you.
Answered on Mar 02nd, 2021 at 5:33 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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You will ahve to open an estate in order to cash the check.
Answered on Feb 26th, 2021 at 8:03 AM

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