Often times a loved one passes away and leaves uncashed checks behind.
How do families cash these checks? In Tennessee, fortunately, there are a few situations that do not require families to perform a full probate in order to cash checks made out to the deceased.
These circumstances are outlined below:
A) Last Paycheck
Tennessee law allows a surviving spouse or children (if no there is no spouse) to collect the decedent’s last paycheck as long as it does not exceed the sum of $10,000.00. T.C.A. § 30-2-103 .
B) Cashing a Check in the Deceased’s Name
If no executor or administrator has been appointed, a named executor, former personal representative, surviving spouse, or next of kin can present the check to the bank for payment. However, this check must be presented ninety (90) days after the death and the aggregate sums of the amount to be collected must be less than $2,500.00. Also, note that the law provides that it’s in the bank’s discretion to pay out these funds. The law does not force them to do so. T.C.A. § 45-3-524.
If you are ever in a situation in which you have a check made out to a loved one who has passed, remember, Tennessee law provides that you can cash them under the circumstances outlined above.
Do you still have questions regarding this information? Contact one of our Tennessee probate lawyers to get the answers you need. At Batson Nolan , we are committed to your case and are here to assist with all of your estate planning , wills , and probate needs.