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Is it necessary to probate a no-asset estate ? And if not, how do I deposit/cash small checks made out in my father's name?

Springfield, MO |

My father died in Florida without a will. He had no assets and very few outstanding bills. I have received a few small checks ($1700.00), in his name. I don't know how to go about cashing these checks. I'm concerned that it will cost me the same amount of money ($1700.00) to go through probate. There are no other funds available. Isn't there some other way for me to be able to deposit/cash these checks? I was his Power of Attorney before he passed away.

Attorney Answers 3


  1. You should consider re-posting your summary listing Florida as the location. This is posted as a Missouri question. Most Florida lawyers will not see it. I believe there are either small estate or summary proceedings that might be available to process your checks. You need to consult with a Florida attorney to be sure. See here for more information: http://www.leeclerk.org/index.asp?Type=B_BASIC&SEC=%7BF820CC46-A6F7-48A5-A18E-3D3D92758094%7D

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  2. You say there are no assets, but you have a check for 1,700. So there are assets. FL has a small estates procedure, thus you should contact a lawyer or the county probate office where he resided for more information.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  3. It sounds like your dad died a resident of FLorida. If so, you might be able to bring a small estate matter before the court. WHo paid for the funeral bill? At least in Missouri you could file for a refusal of letters to a creditor if you paid for the funeral. Good luck.

    Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less

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