Why can't my sister deposit a check made out to the estate of my father?
My dad recently passed away. My sister was his guardian, and received a check from the State of Kentucky made out to The Estate of (my dad). When she attempted to deposit the check, she was told that there is no such estate. Can she set up the estate? If so, how would she go about it?
Expert Answer
For better and worse, the law requires people to go through some hoops and red tape when handling property made out to a deceased person’s estate.
The reasoning is to prevent unscrupulous survivors from running off with goods to which they might not be legally entitled.
It sounds as if your father died without a will and that there was no other probate court proceeding after his death. To deposit the check from the state now—and possibly to wind up other matters, such as transferring title of some of your father’s remaining property—you or your sister must contact the local probate court. You can find it by searching “Kentucky” and “probate” and “court” plus the name of the county in which your father died.
The good news may be that if your father didn’t own lots of valuable property at his death, you should be able to use a simplified procedure. You can use the simplified small estate process in Kentucky if the value of property subject to probate is $15,000 or less.
The entire matter involves filling out only a few forms, and you will likely be able to complete the matter without the time and expense of hiring an attorney.