Fort Worth, TX asked in Estate Planning and Probate for Texas

Q: How can I get my bank to cash a check made out to my mother's estate in my care. Check is less than $10,000

My mother had no estate or no named executor. The check was made out to my mother's estate in the care of myself. Would it have to go through probate or an estate needs to be established?

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1 Lawyer Answer
Hunter Reed Sargent
Hunter Reed Sargent
  • Estate Planning Lawyer
  • Denton, TX
  • Licensed in Texas

A: If the check is made out to your mother's estate in your care, you will likely need to go through the probate process or establish an estate to cash the check. This is because the check is considered an asset of the estate, and someone must be legally authorized to act on behalf of the estate to cash the check.

If your mother did not have a will or named an executor, you may need to file a petition with the court to be appointed as the administrator of the estate. This will give you legal authority to manage the estate's assets, including the check.

Once you have been appointed as the administrator of the estate, you can provide the necessary documentation to your bank to cash the check. This may include a certified copy of the court order appointing you as the administrator, as well as any other documentation required by the bank.

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