What if the check is only for $1500.00 do I still need estate? 5 Answers as of June 26, 2014

My son passed away and left no beneficiary. It is a small check but with lawyer fee might eat up the hold check what can I do?

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Law Offices of Frances Headley | Frances Headley
If the check is the only asset of the estate, a probate is not necessary but you may need some paperwork to get the money. Estate alternatives need not be costly and you should consult a probate attorney about doing a probate code declaration to claim the money.
Answer Applies to: California
Replied: 6/26/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Sign his name and deposit it.
Answer Applies to: California
Replied: 6/26/2014
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
Not sure what the check is? There is a process to transfer small assets by declaration you can do yourself. Check with the local legal help center to see if they can help you. You might try going back to the maker of the check and have them reissue the check to you?
Answer Applies to: California
Replied: 6/26/2014
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
Without an open estate, you will not be able to cash that check. You do not have certified letters of administration to open an estate bank account to deposit these funds. You could contact the company and explain that no estate will be opened for your son and have them reissue the check to you as the parent. Is the other parent alive? If so, they funds should be split between the two of you. The company may ask that you complete an small estate affidavit prior to re-issuing the check.
Answer Applies to: California
Replied: 6/26/2014
James Law Group
James Law Group | Christine James
No. Look up probate code 13100 and follow the procedure for small estate affidavit.
Answer Applies to: California
Replied: 6/26/2014
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