When a person passes away, their estate typically goes through a legal process known as probate or estate administration. During this process, the deceased person's assets, including bank accounts and property, are transferred to their legal heirs or beneficiaries.
In the situation you described, if Person A passed away immediately after giving the post-dated cheque to Person B, the cheque may become part of Person A's estate. The legal heir of Person A would have the right to claim the amount mentioned in the cheque as part of their inheritance.
To claim the amount that legally belongs to the legal heir of Person A, the legal heir should follow these general steps:
Obtain a death certificate: The legal heir should obtain a death certificate of Person A as proof of their passing.
Apply for probate or letters of administration: The legal heir may need to apply for probate or letters of administration in the appropriate court, depending on the laws and procedures in your jurisdiction. This process establishes the legal authority of the legal heir to handle the estate of Person A.
Inform the bank: Once the legal heir has obtained the necessary court documents, they should inform the bank where Person A's account is held about the death and their status as the legal heir. The bank may require specific documentation and procedures to transfer the funds to the legal heir.
Contact Person B: The legal heir should reach out to Person B and inform them of the death of Person A and their status as the legal heir. They should provide the necessary documentation to support their claim.