I live If someone dies without a Will, how do you cash a check made payyable to them?

My sister passed away with no Will and no estate. I voluntarily surrendered her vehicle which I had just bought her and she had negative equity on. I found out her job owed her $13k in severance pay and they will issue a check with a small estate affidavit. How do I cash this check to pay her funeral costs, file taxes, etc without going through my name? Can the job issue the check in my name? Is it legal to ask them to? do I need to go through probate?

Asked on August 28, 2013 under Estate Planning, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You will need to file a small estates probate in the county where your sister passed and once filed the former employer needs to be instructed to issue the check payable to her estate as you being the administrator. I suggest that you consult with a Wills and trust attorney or your local legal aid clinic for assistance in the matter that you have written about.

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