Full question:
My mother has recently passed away, and I have recieved payroll checks, and vacation checks in her name, but I m not able to cash them. Can you advise me on how I can handle this.
- Category: Wills and Estates
- Subcategory: Small Estates Affidavit Law
- Date:
- State: Mississippi
Answer:
When someone passes away, their assets are typically managed through a legal process called probate. If your mother had a valid will, an executor is appointed to manage her estate. If she did not have a will, the court will appoint an administrator to distribute her assets according to state laws.
In Mississippi, if the estate is valued at less than $50,000, it may qualify for a simplified process called small estate administration. In such cases, an interested party can file a small estate affidavit, also known as an heirship affidavit, thirty days after the decedent's death. This affidavit allows the filer to collect debts owed to the decedent, including payroll and vacation checks.
The affidavit can be filed by a successor, which may include the decedent's spouse, an adult child, or a parent, depending on the family situation. If your mother's estate is valued at more than $50,000, you will need to file a petition to probate the estate in the county where she lived at the time of her death.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.