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Ability to Cash Estate Check

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lester12345

Junior Member
What is the name of your state (only U.S. law)? Florida

My mother recently passed away and I (John Doe)
am the named executor in her will. All assets
are to be split evenly with my sister. She has
a minimal estate; all I have is a bank check for
about $3,000 made out to the Estate of Jane Doe,
John Doe executor and all her bills have been
paid. Since she estate is so simple, I'd like
to minimize any further expenses. How can I
cash the check so I can split it with my sister?

I know I can establish an estate checking account,
and deposit it into it, and then get cash from
the account and then close it. However, to open
the account, I need to file paperwork with the
court (palm beach county, FL), to get paperwork
naming me the court appointed executor. This
seems like a lot of work to just cash the check.

Can I just deposit the check into my personal
checking account and then pay my sister? What
about endorsing the check over to someone else
and having them make out 2 checks for me?
 


anteater

Senior Member
Can I just deposit the check into my personal
checking account and then pay my sister? What
about endorsing the check over to someone else
and having them make out 2 checks for me?
Can you? Well, yes, you can try to slip one by the eagle eyes at the bank. It's not really right, but it might work.

Unfortunately, Florida does not have a really simple affidavit-type process for small estate. It does have a summary administration process for probate estates smaller than $75,000. Not as easy as just an affidavit, but simpler than a regular Florida probate case.
 

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