[WSBAPT] How to deal with 15K payable to decedent's estate when no probate otherwise needed

[Jon Fritzler]

Client received 15k check payable to the Estate of her deceased spouse as the result of a "critical illness" insurance policy that decedent had through his employer.  Apparently, there was no beneficiary designation on file.  No probate is otherwise needed because all other assets were owned jointly with client or she was named as beneficiary.

On her own, client filed a small estate affidavit and got an EIN and tried to open an estate account at her bank so she could cash the check.  Her bank refused to open an estate account without Letters Testamentary.  Bank suggested she ask the insurance co. to reissue the check in the name of her deceased spouse so she could deposit to a joint account  that is still open!  Not surprisingly, insurance company refused to do so.

Has anyone had any luck (1) getting a bank or credit union to open an estate account based on a small estate affidavit (if so, at which financial institution), or (2) getting an insurance company to reissue a check to the beneficiary of an estate based on a small estate affidavit.  Any other ideas, or is a probate necessary?

Sincerely,
Jon M. Fritzler
Attorney at Law
717 E. 22nd St.
Vancouver, WA 98663
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

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