Q: I received 2 checks both under $3,000.00 payable to the estate of my deceased uncle, in care of me (my name appears on
the checks). I want to negotiate these checks, but the bank will not do so without letters testementary and an EIN (through the IRS website). No probate occurred and my understanding is no probate is required for a "small estate". I do not want to go through any probate process or pay the fees for the letter testementary. I was able to close 3 other accounts and receive checks payable directly to me by providing a death certificate and small estate affidavit. The bank will not accept these for deposit since the checks state "payable to the estate of..." along with care of my name. I am therefore confused. How do I get these checks negotiated in the least complicated process?
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- California
- (931) 250-8585
- View Profile
- Answered
A: You need to get the checks re-issued to you as the affiant under the small estate affidavit.
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- California
- (916) 704-3009
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- Answered
A:
The key issue here is that checks made payable to an estate legally require proper documentation to be deposited, even for small estates. While you were able to handle other accounts with just a death certificate and small estate affidavit, checks specifically written to "estate of" follow stricter rules.
In California, you have two potential options. First, you could file for a simplified probate process under California Probate Code Section 13100, which allows transfer of estates valued under $184,500 without full probate - this requires filing an affidavit with the court. Your second option is to contact the organizations that issued the checks and request they reissue them in your name directly, providing the death certificate and small estate affidavit that worked with the other accounts.
If the check issuers won't reissue the checks, you'll need to proceed with the simplified probate process. While this does require some paperwork and fees, it's much faster and less expensive than full probate. You can obtain the required forms from your local county court's website or self-help center, and many people complete this process without hiring an attorney.
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