If someone died w/o a will and there is a check written in the estates name who has the right to cash the check?

Question

If someone died w/o a will and there is a check written in the estates name who has the right to cash the check?

Answer

No one has a right to cash the check. What you need to do is to go to the surrogates office in the county where the decedent resided with the death certificate and identification. If the decedent was married, decedent's spouse would have the right to be the administratrix. If not, it would be the parents or the siblings.

Sorry for your loss!

Ron Cappuccio

Answer

As Ron mentioned, someone will need to qualify to become an Administrator of the estate. The process may depend upon how large the estate is. You should consider speaking to an attorney to see who has the right to qualify. Usually the court favors the closest next of kin, but sometimes there are exceptions.

Note, you don't necessarily want to qualify if you think the estate will be a nightmare to administer or if there are more liabilities than assets...

Kevin A. Pollock, J.D., LL.M.

www.PollockAtLaw.com

P: (609) 818-1555

Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.

Also, visit my blog at: http://WillsTrustsEstates.blogspot.com/

Answer

I concur with the other writers. Someone needs to qualify as Administrator and that person has the right and obligation to handle the affairs of the estate, including depositing funds, paying bills and distributing the assets.