Columbus, OH asked in Probate for Ohio

Q: Can you cash a check made out to estate without going through probate

The person has a small estate. And there was a small check from the nursing home made out to his estate for return of rent that he did not use because of death

Related Topics:
4 Lawyer Answers
Jeffrey J Ferguson
Jeffrey J Ferguson
Answered
  • Probate Lawyer
  • Xenia, OH
  • Licensed in Ohio

A: Once a person dies all checks made out to the estate would require an estate account for a bank to process payment. With out proper estate filing in the jurisdiction no estate account can be opened.

You will want to consult a probate attorney for assistance.

Aaron Epling
Aaron Epling
Answered
  • Probate Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: The short answer is no. But if you are the beneficiary and you can convince a bank to cash it, then go for it.

Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq.
PREMIUM
Answered
  • Probate Lawyer
  • New Albany, OH
  • Licensed in Ohio

A: You will have toped an estate in order to cash the check. Consult a probate attorney for more information about simple estates.

Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq.
PREMIUM
Answered
  • Probate Lawyer
  • New Albany, OH
  • Licensed in Ohio

A: You will have to open an estate in order to cash the check. There are probate procedures to handle simple estate issues like yours.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.