Legal Question in Wills and Trusts in Illinois
What happens to uncashed checks in probate?
My uncle passed away recently, and as far as we know left no will. His heirs would be 4 neices (and their families). He left several insurance policies, which we are checking into. At least one has myself and my sister who is deceased as beneficiaries. He also left several uncashed checks for his pension and other things. The first question is, what happens with these checks? Assuming I am the administrator of probate, will I be allowed to cash them, or have to hold onto them for a while? (according to Illinois law). What happens to them if an administrator is appointed?
1 Answer from Attorneys
uncashed checks are an asset of the estate
If you find uncashed checks payable to the deceased, the executor (if there is a will) or the administrator (if there is no will) can deposit the checks in the estate's bank account. If there is no will, but these assets, then you must either prepare a small estate affidavit if the probate estate is less than $50,000.00 and present the affidavit to the payor of the checks so that they can be resiiued, or open an estate in the county where he died.
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