Legal Question in Wills and Trusts in Illinois

How would i cash a check made out to the estate I am the executor of the will


Asked on 3/06/18, 12:26 pm

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

I am sorry for your loss. You are named as executor in the will, but you are not the executor unless you have been appointed by a probate court order. That said, if this is a small estate and the potential liabilities are limited and known, then you may be able to avoid the probate process using a small estate affidavit and distribute the proceeds to creditors or legatees. If the check is minimal and thereby the risk is minimal, then you might try this on your own using the Small Estate Affidavit forms that are available on various circuit court websites for Illinois. Any Northern Illinois probate attorney can help you evaluate the options (probably initially by phone).

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Answered on 3/06/18, 1:03 pm


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