Q: Do I need to go to court to be able to cash checks made out to the estate of ?
I'm the executor of my grandmothers will.
A:
When you say "I am executor" do you mean that the Will nominates you as Executor, or do you mean that you have a court order admitting the Will to probate and appointing you as Executor and granting you Letters Testamentary?
If you are nominated (but do not have the court order) then you are not yet Executor. You have no authority to open an account for the estate, and the bank is very unlikely to allow you to deposit checks made out to the estate.
If you have the court order and Letters Testamentary, then show the Letters to the bank along with the death certificate and an EIN assigned by the IRS. The bank will allow you to open an account for the estate, and will accept deposit of the checks made out to the estate.
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.
