Can the named personal representative of my father's estate cash two small checks that were issued in his name
Phoenix, AZ
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Posted about 1 year ago in Probate
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Small checks after the deaths of a spouse.:
My Father just passed away. We have received two small checks issued in his name. My Mom is still living and I am named the personal representative. Can we deposit or cash these checks? These checks were in process prior to his death. Should we get them reissued or just deposit them?
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Answers (1)Paul E Deloughery
This attorney is licensed in Arizona and 2 other states.
Posted about 1 year ago.
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This is a typical quandry. A.R.S. 14-1201 technically permits you to prepare an affidavit stating that the total estate is less than $50,000. However, in the case of banks, they have their own internal policies and procedures (determined by the home office back in New York, or wherever). So that method usually does not work for checks.
Your next alternative is called a "summary administration." This is a simplified version of a probate. This works particularly well in your situation because you have a surviving spouse. The checks and other assets of the estate cannot exceed $37,000 in value. I suggest seeing an attorney to assist in this because the forms are not available online. (Compare this to the Affidavit for Collection of Personal Property, which is on the Maricopa County Superior Court website.)
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