Necessary to Probate?

What is the name of your state? New York

My aunt and uncle both died this year within two months of each other (my aunt was the last to pass away). Both had a will (but not self-proving).

Most of their savings and home were in their joint name (or just in my aunt's name).

Since my aunt was the last to pass away, our lawyer basically concentrated on her estate (she and her husband both had wills, leaving their belongings to each other, and if they both died, their belongings go to my sister and I (they were childless. No problems here, my mother didn't want to serve as the named executor, so I was appointed by the court as Administrator C.T.A.

The only issue I have is that there a few checks (totaling less than $2,000 from an Auto Insurance Company and Medicare) that are made out to my uncle (or the estate of my uncle) and dated after he died (and in some cases after my Aunt died). My uncle also had about $12,000 in IRAs, which my Aunt was the named beneficiary.

Since it appears most of his assets went to my aunt (and I am the Administrator), how do I go about depositing or cashing the few outstanding checks I have that are made out to him or his estate. I understand that if his estate is under $20,000 in NY State, it need not be probated.

Bottom line is how do I get a bank to deposit a check that is made out to him, who can endorse it and how must it be endorsed?

Lastly, they had a safety deposit box under both their names, now that they have both passed away, can I (as Administrator to my aunt's account) access it (nothing much in it, just closing docs on their condo and CD passbooks - nothing of any value).

The bank manager said she had to go to the Bank's legal area to get a determination on the CDs and his IRA account.

Any suggestions or guidance would be greatly appreciated .

If they had a joint account that has not been closed simply deposit the check in the joint account. You can always probate the his estate and be the executor which will solve the problem.

Their should not be any question about the IRA. It goes to your aunt's estate and tell the bank manager to quit stalling. You should be able to access the safety deposit box depending on exactly how the names are listed. Again if there is a problem simply probate his estate. Why are you asking this on a forum rather than just calling the bank?

You simply need to file the paperwork to become the administrator of HIS estate and soon after filing you will receive "letters testamentary" from the probate court that will authorize you to claim any and all assets. These are the papers that the bank will need to see to release the monies to you. Even if the estate is a small one that is under the minimum, you still need to get the letters testamentary and you also need to find out from the court if there is a simplified procedure available for smaller estates.

Also, after you get your letters testamentary, that should be enough to let the bank give you access to the safe deposit box. Each bank has different policies about who they give access to, but there shouldn't be any complications after you present your papers.