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Home >> Special Situations >> Deceased Individuals
Cashing Checks of the Deceased
My mother recently passed away. She had no Will. She had a checking account, but I am not a co-signer on it. She recently received a few small checks in the mail made payable to her. How can I cash these checks legally?
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 Legally, those checks now belong to your mother's estate. Unless her checking account was joint with someone else, it, too, is now owned by the estate.
The bank may allow you to deposit them to the checking account. It may also be able to help you claim the account, as your mother's next of kin. Contact the bank to find out if state law will permit it to close out the account in your favor, and what documentation, in addition to a certified copy of your mother's death certificate, you would need to provide.
If the bank cannot assist you, contact the probate court in the county in which your mother resided to find out if there is a small estate provision in state law that can be used to expedite the handling of your mother's estate, which would include assuming control of the account in the name of the estate. Be sure to ask about the costs involved, so that you can make an informed decision concerning whether the effort and expense are worth it.
Published on BankingQuestions.com 1/16/09
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