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Home >> Special Situations >> Deceased Individuals
Cashing Postdated Check, Post Death
Is it illegal to cash a postdated check after a person dies?
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 Assuming the check was signed by the decedent and payable to you, postdated checks are generally payable when presented, regardless of the date, unless an owner of the account contacts the paying bank to notify them of the post-dating, and to request that the check not be paid before the date that appears on it. This is with the assumption that the bank has not been contacted by the account owner concerning the post-dating. Once a bank learns of the death of its depositor, it may pay checks issued before the date of death and presented for payment within ten days of the date of death, unless someone claims an interest in the account and tells the bank not to pay checks.
If the bank does not know its depositor has died, particularly if the check is presented for payment by another bank, the paying bank could legally pay it. If the bank is aware of its customer's death, a postdated check should not be paid.
Published on BankingQuestions.com 3/30/10
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