Can I cash a check made out to the estate of my late mother if my name is not on it?

it is for 1200 dollars

Asked on February 7, 2015 under Estate Planning, Iowa


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If probate has been opened, then you probably only need to bring a copy of your mother's death certificate and a copy of the "letters testamentary ( i.e. proof that you are the executor or personal representaive of your mother's estate). If probate has not been opened, then you will need to do so. However, if the estate is small enough, you may only need to file a small estate affidavit (or her state's equivalent); this is a simplified procedure that does not requite a full probate process.

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