Argyle, TX asked in Estate Planning for Texas

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.

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1 Lawyer Answer
Paul Premack
Paul Premack
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

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.

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