How doI set up an estate for my deceased mother?

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How doI set up an estate for my deceased mother?

I need to be able to cash a check made payable to the “estate of “; rather than directly to me.

Asked on November 15, 2010 under Estate Planning, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  I am assuming that your Mother did not have a Last Will and Testament.  Then under the law she died "intestate" and the intestacy statutes - which govern how the proceeds are distributed - apply.  A proceeding will need to be started in the Probate Court.  A Personal Representative needs to be appointed.  That is done by filing a Petition in the Court. Depending on the size of your Mother's estate you may be able to file a small estate, which can be less cumbersome.  Are you the only child of your Mother?  If not, then your siblings would share in the estate.  You should seek advice from an attorney in your state.  Good luck.


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