Can I cash or deposit a check made out to my uncle’s estate if we did not probate the Will?
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Can I cash or deposit a check made out to my uncle’s estate if we did not probate the Will?
Banks and check cashers say we need court documents that don’t exist. Anything to do 6 years after his death with a $5,000 refund for an overpayment to auto finance company.
Asked on October 5, 2011 under Estate Planning, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am sorry for your loss. So your uncle had a Will that you chose not to probate for what ever reason (maybe there was nothing in the estate?) and now the estate has a fund from which to draw, correct? Was there any proceeding that you did for his estate at all? Each state has a mechanism for probating small estates. Some by summary administration and some by affidavit I believe that Texas has a proceeding for estates under $50,000, which would be your option here. You may have to attach a copy of the Will at this point in time. Just look in to the issues of creditors, etc. Good luck to you.
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