Q: how to recover bounced checks from frozen/closed account when executor of estate won't respond and no probate filed
executor is sole beneficiary (and step brother) but these checks written b4 my father died.
A: You are going to need an attorney to file a claim against the estate.
Phillip William Gunthert agrees with this answer
A: Very sorry for your loss and the passing of your father, please accept my condolences. If no probate is filed then there is no executor of the estate (called a personal representative in Florida). It is possible that the estate has no assets and or is insolvent, there is also no requirement for anyone to file a probate at all. The only affirmative obligation is to submit any Will to the clerk of the court in the county where the deceased person lived within 10 days of passing (it is rarely done in 10 days and almost always takes longer). If a named personal representative will not commence a probate then any interested party may do so or an alternate named personal representative. If there are limited or no estate assets, it is common that no probate will be filed at all, if there are a lot of creditors, it is common for an estate to wait two years to file probate. You can file a Caveat with the clerk of the court as well, so if anything is filed you will be notified in that county. If you are owed money you can make a claim against the estate per above as a creditor.
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