If I received my deceased father’s rent security deposit check, how can I cash it?

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If I received my deceased father’s rent security deposit check, how can I cash it?

He has no estate, no Will, and no assets only this $400 check.

Asked on April 7, 2011 under Estate Planning, Massachusetts

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  Unfortunately, you can not cash a check for someone who has passed away.  The check would need to be rewritten to his estate.  What I would suggest that you do is to go to the Probate Court in the county in which your Father resided at the time of his death and speak with the court clerk on the matter here.  The court clerks can not give you any legal advice but they can explain the procedure for a small estate and/or a small estate affidavit - if your state permits such a thing - to allow you to be able to open an account to deposit the funds and endorse the rewritten check.  The courts are worried about who your Father's legal heirs are and that everyone gets their fair share of his estate, no matter how small it is.  Good luck.


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