Legal Question in Wills and Trusts in California
Checks received after spouse dies?
I am in receipt of three checks after my
spouse died. Can I cash them with a
bank by showing the simple will and my
executive powers and POA? Or do I
need to set up a special account for the
Estate of my husband?
2 Answers from Attorneys
Re: Checks received after spouse dies?
You can cash them if there is no real estate in your husbands estate and you are the only heir. You will need a proper affidavit. Otherwise, it will have to go through probate.
Re: Checks received after spouse dies?
Depends on the size of the estate and the checks. Did you lodge the will in the county in which your husband passed?
If your husbands total probatable assets are under 100,000 dollars (and do not include real property), you can probably go to the bank and fill out a 13100 declaration to have access to his accounts. You will then need to contact the companies that wrote the checks and have them re-issued in your name.
Otherwise, if the probatable assets are larger then 100,000... you will need to deal with probate.
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