How does the will's executor cash the deceased persons checks?

Asked about 2 years ago - Turlock, CA

My mother is the executor and beneficiary of her sisters will. Since she is in California and there is no need to probate a small estate. How does she go about cashing/depositing the checks that have been received since my aunts death? Some are made directly to the deceased and some are made to the estate of. Since it is very little money ($1500 or so) does she have to open a special account or can she deposit them directly into hers?

Attorney answers (2)

  1. Brad S Hindley

    Contributor Level 13

    Answered . You do not need Letters Testamentry or a probate if the estate is under $100,000.
    A Probate Code 13101 affidavit will collect the assets.

    Go here. http://www.leginfo.ca.gov/calaw.html
    Click Probate Code.
    Search 13100. Read 13100 and 13010 and 13105(2)(b).

    Google for a form.

    You cannot open a bank account for the deceased estate. You may try to collect from the banks the checks are drawn from directly. Otherwise submit the 13101 to the makers of the checks and ask for new checks, giving them back their first checks.

  2. Steven M Zelinger

    Pro

    Contributor Level 20

    Answered . You say your mother is executor - she is not executor until she is named as such. You also say there is no need for probate since it is so small. In order to cash checks made out to a deceased person or estate the executor needs to open an estate - If I am not mistaken for such a small estate in CA (I am not licensed in CA and so defer to the CA attorneys) there is small estate procedure which will allow for a simplified procedure to allow the qualified executor to deal with these assets. Typically an estate account has to be opened - this requires a document appointing the estate's representative (executor) and a TAX ID (EIN) number.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more

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