How to cash insurance check for deceased co-owner in CA?

Question

I jointly owned a home in California with someone who has passed away. I was notified six weeks after their death. Although I did not live in the home, I discovered someone moved in and caused damage to the property. The insurance adjuster confirmed that repairs are covered, and a check will be made out to both me and the deceased co-owner. However, the deceased has no living family, no executor, and no assets. I have also found unpaid bills for the home, which I have paid off. Additionally, I have not obtained a death certificate, although my name is on both the property's title and the insurance policy, and there is no probate. How can I cash this insurance check under these circumstances?

Nina Whitehurst · Answer

A probate attorney can first review the deed to  determine whether you are now the sole owner of the home or a co-owner with the decedent’s estate. If you are a co-owner then a probate can be opened to get that share transferred to the decedent’s heirs. If no heirs come forward to run the probate, then you can do so yourself with the help of a probate attorney.  
 
There are other less common strategies that a probate attorney can explain to you.

James L. Arrasmith · Answer

To cash the insurance check, you’ll need to navigate a few key steps. First, you should obtain a death certificate for your co-owner, as it's often required for processing any financial matters after someone passes. Since you mentioned that there is no executor or living family, you can likely use the death certificate to prove that the co-owner has passed away. 
 
Next, even though there’s no probate, because you're a joint owner and your name is on the property title and insurance policy, you might be able to claim the check without needing a formal executor. You could present both the death certificate and proof of your ownership to the insurance company or your bank. If the bank is hesitant, you might be able to provide documentation about the property and your payments for any outstanding bills related to the property. 
 
If you're having trouble with the bank or insurance company, a letter or affidavit may be needed to explain the situation. In some cases, they may want a notarized statement from you confirming your right to cash the check. It could also be helpful to consult a lawyer to ensure everything is done properly, especially if complications arise.

Q: How to cash insurance check for deceased co-owner in CA?