Q: I have a settlement check in my deceased husbands name. What do I have to do to cash it?

A: Generally, if a check is payable to a deceased person, a person would have to be appointed as personal representative of his estate by the probate court. If the decedent had a will, the executor would have to petition the court to probate the will. If the decedent died without a will, someone would have to file a petition for letters of administration. After appointment by the probate court, the executor or administrator would open an estate bank account and then deposit the check into the estate bank account. It might be necessary to have the check reissued to the personal representative. I recommend that you seek the advice of a probate attorney.

A: Attorney Chambers is spot on. I would only add that in most states, if no probate has been necessary and has not begun, you may be able to use a small estate affidavit or affidavit or heirship (terminology varies by state) in lieu of having to go through the probate process. As long as the value of the estate is below certain thresholds and there is no other legal requirement that probate be commenced, you can sign an affidavit swearing under oath to the existence of certain facts. The payor of the check may then rely upon the affidavit and pay to you (as sole heir) the proceeds owed to the decedent or his estate. Consult an experience probate lawyer in your state for details. Good luck.

PS: My comments here are for general information only and are not advice about your specific situation nor do they create an attorney-client relationship between us. Consult a lawyer in your state for legal advice.