How do I cash an estate check? 4 Answers as of May 07, 2012

My wife passed away. She had no will and we had no assets to be divided. I have received a check payable to her estate, but there was no estate. How do I cash this check?

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Beaudry Law Offices, Inc. | Sally Ann Beaudry
If there is a check payable to your former wife's estate, there is an estate. You may not have opened a probate. You might be able to use a California small estate probate affidavit, depending on the amount of the check and whether all the conditions on the affidavit are met.
Answer Applies to: California
Replied: 5/7/2012
Johnson & Associates
Johnson & Associates | Randall K Johnson
You must open a probate to do so.
Answer Applies to: California
Replied: 5/4/2012
Law Offices of Frances Headley | Frances Headley
If you can not convince the maker of the check to replace it with one made out to you by explaining to them the lack of a probate estate, then you should consult a probate attorney about doing an affidavit pursuant to Probate Code section 13101.
Answer Applies to: California
Replied: 5/4/2012
Robert Suhajda
Robert Suhajda | Robert Suhajda
Ask the bank what documents you need to present to cash the check. The bank will want a certified copy of the death certificate which you get from the funeral home, and they will have you sign an affidavit that the estate is under $100,000. Follow the bank's instructions.
Answer Applies to: California
Replied: 5/4/2012
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