I tell people all the time, "There's the technical legal answer and then there's the practical answer." The technical legal answer is that you would have to open a probate in order to negotiate the check. The practical answer is that you can do whatever the bank will allow you to do. I would go to your bank and tell them the issue and ask them if they will allow you to deposit the check. They probably won't unless you have a relationship with the bank and they want your business. In other words, they need a compelling reason to take the risk, unless you happen to work with someone who DGAF or sees it for what it is. The risk is pretty small - it's a small amount of money and who is going to bitch? If you don't get the answer you want the first time I would try a couple more times, either with different people within the same bank or a different bank. If that doesn't work, you might be able to file the will as a muniment of title only, which doesn't involve a full-on probate, but would provide some cover for the bank. That process is in between probate and an affidavit of heirship. It should be a lot cheaper than probate and a lot faster. I would check with the bank in advance, though, to make sure they will deposit the check if you do it that way.