SECTION 590:10-9-4. Probate waivers

(a)   In the event a member dies, leaving no living beneficiary or having designated his Estate as beneficiary, the System may require the judicial appointment of an administrator or executor for the member's estate prior to payment of any benefits or unpaid contributions. This requirement may be waived for payments in an amount of Twenty Five Thousand Dollars ($25,000) or less upon presentation of the member's valid Last Will and Testament, trust documents or affidavit that a will does not exist, an Affidavit of Heirship naming all heirs to the member's estate, a Hold-Harmless Agreement signed by all heirs, a corroborating affidavit from someone other than an heir who is familiar with the deceased member, and proof of payment of all last debts of the member. These documents shall comply with the provisions of 74 O.S. §916.1. If there is any question as to the validity of any document herein required, the judicial appointment shall not be waived.

(b)   If the System is paying a benefit or unpaid contributions under this rule, the payment shall be paid to the first of the following:

(1)   surviving spouse;

(2)   surviving children in equal shares;

(3)   surviving parents in equal shares;

(4)   surviving siblings in equal shares;

(5)   member's estate.

[Source: Amended at 12 Ok Reg 3660, eff 9-1-95 through 7-14-96 (emergency); Amended at 13 Ok Reg 3327, eff 7-25-96; Amended at 19 Ok Reg 741, eff 12-20-01 (emergency); Amended at 19 Ok Reg 1477, eff 5-28-02; Amended at 31 Ok Reg 53, eff 8-28-13 (emergency); Amended at 31 Ok Reg 2314, eff 9-12-14; Amended at 34 Ok Reg 1897, eff 9-11-17]