SECTION 715:10-9-6. Probate waivers

(a)   In the event a member dies, leaving no living beneficiary or having designated his estate as beneficiary, the System shall require the judicial appointment of an administrator or executor for the member's estate prior to payment of any benefits or unpaid contributions. However, this requirement may be waived by the System for any benefits or unpaid contributions in the amount of $25,000.00 or less, upon presentation of:

(1)   the member's valid Last Will and Testament;

(2)   an Affidavit of Heirship naming all heirs to the member's estate which must state:

(A)   that the value of the deceased member's entire estate is subject to probate, and that the entire estate wherever located, less liens and encumbrances, does not exceed the amount permitted by law, including the payment of benefits or unpaid contributions from the System;

(B)   a description of the personal property claimed (including the death benefit or unpaid contributions or both), together with a statement that such personal property is subject to probate; and

(C)   a claim by each individual claiming heir identifying the amount of personal property that the heir is claiming from the System, and that the heir has been notified of, is aware of and consents to the identified claims of all the other claiming heirs of the deceased member pending with the System.

(3)   a Hold Harmless Agreement signed by all heirs;

(4)   a Corroborating Affidavit from someone other than an heir who is familiar with the deceased member; and

(5)   proof of payment of expenses of last sickness, death and burial, including all medical, hospital and funeral expenses.

(b)   The Executive Director of TRS shall retain complete discretion in determining which requests for probate waiver may be granted or denied, for any reason. If there is any question as to the validity of any document herein required, the judicial appointment requirement shall not be waived.

(c)   After paying any death benefits or unpaid contributions to any claiming heirs as provided by this section, TRS is discharged and released from any and all liability, obligation and costs to the same extent as if the System had dealt with a personal representative of the deceased member. The System is not required to inquire into the truth of any matter specified in this section or into the payment of any estate tax liability.

[Source: Added at 12 Ok Reg 841, eff 1-15-95 through 7-14-95 (emergency); Added at 12 Ok Reg 3285, eff 7-27-95; Amended at 13 Ok Reg 3523, eff 8-26-96; Amended at 28 Ok Reg 981, eff 5-26-11; Revoked at 29 Ok Reg 854, eff 8-1-12; Added at 33 Ok Reg 1103, eff 8-25-16; Amended at 36 Ok Reg 65, eff 10-29-18 (emergency); Amended at 36 Ok Reg 1255, eff 8-11-19]

Note

EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new section, the section is no longer effective. Therefore, on 7-15-95 (after the 7-14-95 expiration of the emergency action), the text of section 715:10-9-6 was no longer effective, and remained as such until added by permanent action on 7-27-95.