Yes, an executor has the authority to endorse and deposit checks made out to the decedent into the estate’s account.

In the second situation, however, we do not recommend permitting the wife to deposit the check into the account (which is no longer a joint account), unless fewer than ten days have passed since your customer’s death. The Uniform Commercial Code permits banks to pay checks made out to a decedent for ten days after the date of death unless the checks are subject to a stop payment order. After those ten days have passed, the check would not be properly payable to the wife’s account and should not be paid until an executor or administrator is appointed to represent the decedent’s estate.

For resources related to our guidance, please see:

• Uniform Commercial Code, 810 ILCS 5/4-405(b) (“Even with knowledge, a bank may for 10 days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.”)