If a check is issued to joint owners and both are deceased, can an executrix cash them? One person passed in 2006, the other in 2004.
This question is difficult, because so much depends on how decedents' estates are handled in a particular state or states, and banks' willingness to cash or accept such checks for deposit. The executrix should start by taking the check to her bank to explain the situation and ask for guidance. The bank will tell her the following:
If the check is payable to the two payees not alternatively, that is, if the word "and" or an "&" appears between the names, two endorsements will be required to properly negotiate the check. Each endorsement should be made on behalf of the payee's estate, by its personal representative, an executrix, for example. If either or both estates have already been settled and closed, the executrix of each estate would have to arrange with the probate court to reopen the estates, obtain new appointment documents, and take those documents with the check to the bank to cash or deposit it.
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