Q: Can I cash a back pay check issued to my deceased son's estate in Ohio?
I am the only living relative of my son, who recently passed away. He has a back pay check of $10,400 issued to "the estate of my son." There was no will, and no estate has been formally opened. He lived in Ohio, and his only asset was a car, but he had several debts. I have not filed any paperwork with the probate court, and I'm unsure if an estate needs to be opened. Can I cash this check?
A: Normally you will need to open a probate estate for the check. Occasionally the bank will bend the law and accept a deposit of the check. You need to speak to a probate attorney.
A: Note that creditors have 6 months from the date of death to file a claim against the estate, so discuss with an attorney waiting until then to open the estate and be appointed administrator. But the back paycheck might become stale by then, so as the administrator of his estate, you'd need to talk to his employer to get it reissued. Use the Find a Lawyer tab to consult a local probate attorney.
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