How do you open an estate account for some one who has passed away?

UPDATED: Aug 19, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 19, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do you open an estate account for some one who has passed away?

I am the power of attorney for my mom. Whe passed away. They sent me a check from the nursing home that she was staying in. I just wanted to know if i could cash the check or do I have to get a estate account even though she left no estate?

Asked on August 19, 2012 under Estate Planning, Alabama


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  First you need to understand that the power of attorney is no longer valid.  When your Mom passed away it died with her. If she had very little then you need to inquire from the probate court about a small estate affidavit or proceeding to allow you to cash the check.  You would have to be appointed as the Personal Representative and then open as estate account.  You file in the county in which she resided at the time of her death.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption