How can I cash a check in my name and my deceased husband’s?

I’ve recently received a check from my insurance company for a insurance claim. The check was made to myself, my deceased husband and the mortgage company. Once repairs were made to my home the mortgage company then issued and a check in my name and my deceased husband’s name. I’m having problems cashing the check as per the bank because his name is on the check and not on the account I would need a letter or testamentary and then they can open a estate account for me. I didn’t mention that the mortgage company is aware of my husband’s death certificate told me to go to probate court which I did. Would I have to get a letter of testamentary or is the affidavit of heirship enough from probate court in order to have the check reissued soley in my name?

Asked on December 2, 2018 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You need the letters testamentary to show that you have legal power over his estate. You then need the estate account to deposit it into...and then later, when the estate goes through the probate process and everything is distributed, the money will be yours. Yes, this is a cumbersome process, but unfortunately, when a check is made out to someone deceased, it's what needs to be done.


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