Mom died, no will, I am the beneficiary her bank account. A cashiers check for over $100K, she is both payee and payor.

Question

My mom made herself as the payable person on the check. No hard assets other than paid for car, rented low income apartment. This is why the cashiers check to keep the funds private. I have the death certificate. No other heirs, ex husband divorced over 10 years ago, no other debts other than, if any, living expenses. No one is contesting the estate or any of the household items.

Wesley Winsor · Answer

The cashier's check your mother wrote to herself is considered part of her estate since she is both the payee and the payor. Under Utah law, when a decedent owns more than $100,000 in assets, the estate must go through probate in order to gain access to and distribute the funds. This means a personal representative, also known as an executor, must be formally appointed by the probate court to manage and distribute the estate. 
 
Although the situation appears uncontested, with no conflicting claims to the estate, the probate process is still necessary because there are no joint account holders or payable-on-death beneficiaries directly associated with the funds. However, the process may be simplified through informal probate, as there are no disputes or complexities such as outstanding debts or additional heirs. 
 
The steps you’ll need to take include: 
 
1. Death Certificate: You already possess the death certificate, which is necessary to begin the probate process. 
    
2. File for Probate: File a petition for probate in the appropriate Utah probate court to have a personal representative appointed. Since there’s no will, the probate process will follow Utah's intestacy laws to distribute assets. 
 
3. Appointment of Personal Representative: Once appointed, the personal representative will have the authority to access and manage the estate, including obtaining the funds from the bank. 
 
4. Distribution of Assets: As there are no creditors or disputes, the personal representative will distribute the estate directly to you (as the legal heir under intestate succession). 
 
While the process is likely to be straightforward and should not involve extensive litigation or delays, Utah law requires probate due to the amount involved. It may be helpful to consult an attorney to ensure everything is completed properly and efficiently.

Kenneth Prigmore · Answer

Though your facts don't specify a question, it is likely you have discovered that you can't cash the check. Sometimes a "Small Estate Affidavit" can be used to collect funds when someone has died. The limit in Utah on using this type of affidavit is $100,000.  
 
As you have funds that exceed that amount, you will need to go through some form of probate to get the authority to withdraw and distribute the funds.  
 
Few people have the patience to learn Probate law and handle the process on their own. It's complicated enough we can't teach you how to do it here. I have helped clients that attempted to do it on their own and failed. This adds time, and sometimes unnecessary cost.  
 
On occasion someone has been able to do their own probate. I would recommend that you contact an attorney for help to make the process easier.

Q: Mom died, no will, I am the beneficiary her bank account. A cashiers check for over $100K, she is both payee and payor.