Legal Question in Wills and Trusts in Texas

a check made out to the estate

If there is not an administrator and a insurance check is made out to the estate who can cash it?


Asked on 11/15/06, 9:54 am

3 Answers from Attorneys

James Grissom Law Office of James P. Grissom

Re: a check made out to the estate

No one. If there is an estate which is receiving checks, there will have to be an administration to disburse the funds. There must be some kind of probate proceeding to do this. What kind of probate proceeding would be dependent upon the nature of the property in the estate.

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Answered on 11/15/06, 10:31 am

Re: a check made out to the estate

That's not really an answerable question, as there are too many unknowns. What is the amount of the check? Are there estate debts? Is there a will? There are procedures that differ depending on these answers. For example, if there are little/no estate debts, no will and ALL heirs agree, and the amount is modest, then you can ask the court to do a summary proceeding which will allow you to disburse the funds.

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Answered on 11/15/06, 12:53 pm
Cheryl Rivera Smith The Smith Law Firm

Re: a check made out to the estate

See if the bank will take an affidavit of heirship and reissue the check to the heirs.

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Answered on 11/15/06, 5:12 pm


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