How do I go about cashing my deceased parent’s check? 7 Answers as of June 02, 2014

I have a settlement check made out to my deceased parents in the amount of $2000. I live in California. I have one sister. There are no other heirs. There was no will. How do I go about cashing this check?

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Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
You cannot cash that check unless you have been appointed by the court as the personal representative for both of your parents' estates. You can write the company advising them that neither parent has an estate and no estate will be open for either. They may request that both you and your sister complete affidavits and they should be able to divide the funds between the two. Contact the company for further instructions after you have advised them that no probate proceedings will be initiated.
Answer Applies to: California
Replied: 6/2/2014
Lawyer for Independent Media
Lawyer for Independent Media | Sue Basko
I bet the bank on which the check is written will be willing to tell you.
Answer Applies to: California
Replied: 6/2/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Endorse their names and deposit it.
Answer Applies to: California
Replied: 6/2/2014
Danville Law Group | Scott Jordan
It depends on the value of their estate. If the $2000 is all that there is, you can draft a small estate affidavit and a bank should cash the check. If there is more to the estate, you may have to open probate and the check would be part of their estate.
Answer Applies to: California
Replied: 6/2/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
You may want to try a deposit through an ATM to see if it clears, or you may have to obtain an affidavit form from the insurance company to provide the information of the two of you as heirs, no other estate, an include a certified copy of death certificate, and as them to reissue the check in the name of the two of you.
Answer Applies to: California
Replied: 6/2/2014
    James Law Group
    James Law Group | Christine James
    Do a Probate Code Section 13100 declaration and submit it to the bank with the death certificate. Be sure you put your sister on there as an interested party.
    Answer Applies to: California
    Replied: 6/2/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    40 or more days after the last date of death, deposit it. You may need to complete a Probate section 13150 affidavit.
    Answer Applies to: California
    Replied: 6/2/2014
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