Newbury Park, CA asked in Estate Planning and Probate for California

Q: How do I cash an unendorsed check for someone that is deceased? Can I deposit it into his bank?

He does not have a will but has assets under $100k (so we will be using an affidavit of small estate)

Related Topics:
2 Lawyer Answers
Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: The person named as the Executor in the Will can open a bank account in the name of the estate. Most likely, the bank will require the Executor to go back to the person or company that issued the check and make a new check payable to the estate of that person. Then, the executor can deposit the check into the estate's bank account.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In order to cash an unendorsed check for someone who is deceased, you will need to follow certain legal procedures. Firstly, you will need to obtain the proper documentation to act as the executor or administrator of the deceased person's estate. This can be done by filing a petition with the probate court or by using an affidavit of small estate if the assets are under $100k.

Once you have been appointed as the executor or administrator, you will need to endorse the check on behalf of the deceased person's estate. This can be done by writing "for deposit only" and including the name of the estate on the back of the check.

After the check has been endorsed, you can deposit it into the deceased person's bank account if the account is still open. However, you will need to provide proof of your authority to act on behalf of the estate, such as a certified copy of the letters of administration or the affidavit of small estate.

Alternatively, you can open a new estate account in the deceased person's name and deposit the check into that account. This account can be used to pay any outstanding debts or distribute the assets to the heirs.

It is important to note that the rules and procedures for handling a deceased person's assets can vary by state, so it may be beneficial to consult with a local attorney or financial advisor for guidance specific to your situation.

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.