Legal Question in Wills and Trusts in South Carolina

depositing a check without signature

No will...estate in probate situation...Can a spouse deposit a check for the deceased from a financial institution without a signature(for deposit only)? There are also 2 children involved.


Asked on 2/20/09, 9:18 am

1 Answer from Attorneys

David Weilbacher, Esq. Attorney at Law

Re: depositing a check without signature

In Ohio, the check must be given to the Administrator of the estate, since the check and proceeds therefrom belong to the estate. The Administrator of the estate has the authority to endorse the check and deposit it in the estate checking account. Since there is no will, the estate will be distributed according to Ohio Revised Code 2105.06, after all the debts and expenses of administration are paid. The surviving spouse is entitled to make a number of elections against her share of the estate, such as electing to receive the deceased spouses interest in the house. I suggest you speak to an attorney f you are unaware of you rights.

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Answered on 2/20/09, 2:11 pm


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