Estate Law Questions? Ask an Estate Lawyer.
Thank you for using Just Answer. I look forward to helping you this evening.You can contact the company that issued the check and tell them that there is no probate estate and will not be one - sometimes, they will issue a check to the surviving spouse/next of kin in these cases.If that doesn't work, then you may be able to use a small estate affidavit procedure. However, in order to qualify, a) Your husband could not have died with a valid Will, b) the value of the asset cannot be more than $50,000, and c) He must have passed away at least 30 days ago.The small estate affidavit is pretty simple. You fill out the form and attach a death certificate, and submit it to the Clerk of Court in the County where your husband lived. Once signed by the judge, you can use the affidavit as a court order to claim the asset(s) --in this case, to cash the check. Each county may have their own forms (check with the Clerk of Court), but as an example, this is the one from Harris County. You see it has the step by step instructions included.If your husband did have a valid Will, and the company won't re-issue the check, then you'll need to open a probate estate and get an order appointing you the executor of the estate, and issuing you "Letters of Administration" which give you authority to act. This is a timely and expensive process with filing fees. Depending on the amount of the check, it may not be worth the time and money.Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating.If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!
I see that you have not left a positive rating for me yet. Was there something I could clarify for you about my answer, or additional information you needed? If so, please let me know. I'm here to help!If not, I would kindly ask that you take a moment at this time to click on the stars to leave a positive rating, as that is the only way I am credited for my time and assistance, even if you have left a deposit. Remember that you can always ask follow-up questions in this thread at no additional cost after leaving a positive rating. Thank you!