Legal Question in Wills and Trusts in Florida
check written ''the estste of''
my 18 year old son died in a car accident last month. i have two checks that were made out to ''the estate of'' 1 is his last pay check, the other is his college tuition. we do not have an estate set up for him. how do we cash the checks. thank you, kyle
1 Answer from Attorneys
Re: check written ''the estste of''
You will need to do some type of probate through the clerk of the circuit court in the county where he resided. There is a simplified process in which the probate clerk should assist you, if available. It is available for reimbursement of funeral expenses up to $6000. Whoever paid them would go to the clerk's office with a certified copy of the death certificate, proof of payment and the amount of the funeral bill, and the checks. The filing fee should be $105. If that will not work, Summary Probate for up to $75,000 is available, but would require the assistance of an attorney. It should not cost more than $1000 including all costs. It is not available if the decedent has creditors who have/will not be paid. The last choice is formal probate, which again would require the assistance of an attorney. The cost normally would not exceed $2,500 if it is an uncontested probate. Any Florida attorney who handles probate should be albe to assist you.