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

Fri Jul 14 07:44:07 PDT 2023

I did this recently with the death of my mother.  I used the small estate affidavit and then deposited the check made payable to the Estate of my mother into my own IOLTA trust account.  I then disbursed to all 4 of her children, me and my siblings.

Dalynne Singleton
Gourley Law Group
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Julie Martiniello
Sent: Thursday, July 13, 2023 11:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] How to deal with 15K payable to decedent's estate when no probate otherwise needed

Hi Jon,

I have had many banks and credit unions allow use of a Small Estate Affidavit in this instance. Bank usually allows the claimant/heir to deposit the check into their own account (not an estate account). I do not think an estate account can be established without a court probate order, and do not think an EIN is needed since there is no formal estate.

I had almost  this exact situation about a month ago (insurance check from claim right before wife died. Insurance company issued check in name of wife/husband).

We were able to get the insurance to issue the check in the name of the "Estate of Wife". Then the client took the check to the credit union with the Small Estate Affidavit. The bank allowed him to deposit the check into his own account. My client was at Sound Credit Union. But I have had other clients use the small estate affidavit at many different banks.

On Thu, Jul 13, 2023 at 5:11 PM Jon Fritzler <FritzlerLaw at outlook.com<mailto:FritzlerLaw at outlook.com>> wrote:
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
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