Q: can a personal check that I wrote as power of attorney for my father prior to his passing be cashed after his death?
It is from his personal account, and his estate is not in probate. He passed 10-01-19
Check was written 9-30-19
A:
Under Arizona law, death of a bank customer does NOT revoke the authority of the bank to accept, pay, collect or account until the bank knows of the fact of death and has reasonable opportunity to act on it. Even with knowledge of death, a bank may for TEN DAYS AFTER THE DATE OF DEATH pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.
However, as it is now October 27, 2019, which is more than ten days after your father's date of death, you may very well find that the bank will refuse to honor the check. If that is the case, then the payee of the check is now a creditor of your father's estate and will have to submit a claim after probate is opened. If no probate is opened by a family member, then the creditor can open a probate himself/herself.
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