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After probate is closed how do you cash checks that may come in with the decedents name?
Anonymous1 views4 answers
Just wondering what do do in this situation. A property tax refund will be coming but it will be in my Mom's name. It should arrive in a few months. A tax refund check may also be coming and it will have both my Mom's and my name on it but it will state I am the executor/rix, which I won't be any more after the probate is closed.
Thanks
Keep the probate estate open until all assets have been collected and accounted for. you do not have the right to endorse a check made out to a decedent unless you are apppointed by court to administer the estate. If the estate is closed and assets are discovered later you will need to reopen the probate.
Mr. Purcell is right. Don't close the probate. There should be no reason to be concerned about having the probate open while you wait for the check. Once you have received all the assets, then you can close the probate.
In CA the court order at the end of the probate contains language stating that any after discovered property is to be distributed to X. In CA, a certified court order would be given to the office issuing the check and ask that is be re-issued in the name of X as per the court order.
Dear Seattle,
In WA, if the probate has been closed, you have two alternatives:
1. Attempt to get the payor to issue a new check in the name(s) of the heirs or beneficiaries.
2. Re-open the probate & get new Letters, allowing you as PR to cash the check.
Moral of the story: Don't close the probate unless you're sure you've received all its assets.
Sincerely,
Richard Wills, WSBA 19720
www.washington-probate.com
