Can I file a small estate affadavit to cash a check if it is my late mother’s only asset and I am her only surviving heir?

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Can I file a small estate affadavit to cash a check if it is my late mother’s only asset and I am her only surviving heir?

My mother passed away about 6 months ago. The only assest she had was a death benefit of $5000. The beneficiary on it was one of her brother who had already passed away. As requested by the company I sent them her death certificate as well as his. The benefit check is made out to “Estate of (my mother)”.

Asked on January 2, 2013 under Estate Planning, Mississippi

Answers:

Victor Waid / Law Office of Victor Waid

Answered 11 years ago | Contributor

Yes, but seek the assistance of a probate lawyer to help guide you through the process; should not be expensive.


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