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  Home >> Checks/Money Orders >> Checks You Received  
Endorser Died Before Check Cashed: What to do?

I received a check, but the person who wrote it died before I cashed it. Am I still allowed to cash it?


Well, a lot depends on the bank on which the check was drawn, and whether it knows of the drawer's death. The Uniform Commercial Code allows a bank to continue paying checks on a decedent's account until it learns of the death of its customer or ten days following the date of death. Of course, that assumes that each of the checks paid was actually signed by the now deceased customer (or his/her agent), and payments after knowing of its depositor's death are at the bank's discretion.

There's a small exception in the rule allowing payments for ten days following the date of death. If any person states an interest in the account (an heir, a creditor, any person), the bank must reject all checks thereafter.

Don't "sit on" the check, but attempt to cash it quickly. If the bank refuses to cash the check (because it has learned of the depositor's death), you should hold on to the check and contact the executor or administrator of the estate to place a claim.

Published on BankingQuestions.com 9/11/07