Husband died bankrupt; refund check made payable to estate and spouse but no estate

[onwillowbay]

What is the name of your state (only U.S. law)? FLORIDA
My husband died of pancreatic cancer in 2009. I had to give his car back to the finance company and just got a refund check (it was sold for more than was owed on it) made payable to "the estate and me". There was no estate. He filed bankruptcy that was just discharged 2 months before he died. How do I cash the check? He did not even have $200 in the bank. Before he died he wanted to see his family one more time and even though we live and paytaxes in FL, he died out of state before he could make it back to FL? Is there a way to cash the refund check (payable to the "estate" and to me(his spouse)) without a costly filing in court?

[Dandy Don]

Don't automatically assume it will be costly. Most states have a simple filing procedure for smaller estates. Go to the county courthouse probate court and ask for such a form--soon after filing you (or the administrator/personal representative) will receive a document from the court called "letters testamentary" and it is this document you will need to present to a bank to open up an estate account.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)