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  Home >> Checks/Money Orders >> Checks You Received  
Depositing Check to Deceased Relative

My brother recently passed away and his landlord sent a security return check in his name. How can I deposit or cash this check?


The money is now legally part of your late brother's estate. Only the executor or administrator of his estate has a legal right to cash it. If you brother had an account in his own name (not joint with anyone), you might be able to deposit the check there.

Sometimes, an estate is so small that it doesn't make sense to start the court proceedings needed to distribute it. In those cases, many states have small estate laws that allow banks to turn smaller accounts over to a decedent's next of kin. If you've identified a bank account in your brother's name, you can check with them to find out if a small estate law will apply. Do that before depositing the rent rebate check! If you aren't opening an estate, and can't deposit the check, you could try contacting the landlord to ask that the check be reissued to a surviving member of his family.

Published on BankingQuestions.com 10/30/07