questions & answers

Question: My daughter passed away recently and I requested her last paycheck. I asked the employer to add my name with proper identification to her check. He only made it out to her, therefore I am unable to cash the check or add it to my account. How can I cash her check?

Answer: The employer did the right thing by making the check to your daughter. The law required him to do that.  The answer to your question depends on a host of factors.  Are you your daughter's only heir?  Does she have a spouse or children that would have superior legal rights to her property over yours?  Does she have a Will or did she die intestate?  Does she have more than $75,000 in assets that are held in her name alone?  If your daughter left no spouse, no children, and if she has less than $75,000 in personal assets, you can use the affidavit process to collect her property and cash her last paycheck.  Her father would have equal rights to do so.  You can find the forms for collecting the personal property of a deceased person on the Superior Court's website.  I am giving you the site for Maricopa County Superior Court.  Don't worry if you live in another county.  The same form is used throughout  the State of Arizona.  Go to: https://superiorcourt.maricopa.gov/llrc/prob_pbse1/.  However, if there are other heirs like a spouse or children or if she has a Will, the situation is different.  A Will dictates who has the right to her property.  A spouse or children have superior legal rights to yours.  If she has real estate and/or more than $75,000 in personal property like stock, bank accounts, and other investment properties, probate will be required.