What to do with a check made out to estate?

What can you do when you receive a check made out to a relative who has passed away or their estate?  This is not uncommon, and the options you have depend upon what part of the process you are in.  We will discuss that and more in this post.

My name is Erik Broel & I am the founder & CEO of Georgia Probate Law Group. At our firm, we help families who have lost a loved one navigate the complex and confusing legal process so they can make sure the estate is handled properly and their loved one’s memory is honored. Everything discussed in this post is for general information and is not legal advice – for specific information about your situation, please go here to request a complimentary consultation with one of our inheritance lawyers.

The first thing to know about a check made out to the deceased or their estate is that it is normally estate property.  That means that it should be deposited into the estate account and not a personal account.

But, how you handle things will depend on what part of the process you are in.

If you have done nothing with the estate, for example, then you will need to open the estate so that a personal representative can be appointed by the probate court.  Once that is done, then an estate account can be opened and the funds can be deposited into the estate account.

If the estate has already been opened, then the check should be turned over to the duly appointed Personal Representative of the Estate.  This person will either be the Executor or the Administrator.  The Personal Representative should have an estate bank account open and the check will need to be deposited into that account. If an estate bank account has not been opened or you are concerned about the actions of the Personal Representative, I recommend you call our office to discuss your situation.

Finally, if the Estate has been closed, then the Estate will need to be reopened.  The reason for this is that the only way to open a new estate account is to have the Estate opened again.  There is a process for that in Probate Court, but I strongly recommend you call our office for help with it.

For more information about this and other probate topics, please go to GPLG.com/Handbook to download a complimentary copy of our Georgia. Probate Handbook. You’ll learn the key things that go wrong in an estate, how to prevent them, and what to do if they happen.

You also can reach out to our office at (770) 796-4582 to set up a consultation.