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?

Asked over 1 year ago - 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. Donald Joseph Quinn II

    Contributor Level 15

    2

    Lawyers agree

    Answered . 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... more
  2. James P. Frederick

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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&...

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  3. Steven M Zelinger

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more

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