Okla. Admin. Code § 715:10-9-6

Current through Vol. 42, No. 7, December 16, 2024

Section 715:10-9-6 - [Effective until 9/14/2025] Probate waivers

(a) In the event a member dies, leaving no living beneficiary or having designated the member's estate as beneficiary, or upon the death of any individual who may be entitled to a benefit from the System, the System shall require the judicial appointment of an administrator or executor for the decedent'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 receipt of the decedent's death certificate and presentation of:

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

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

(A) that the value of the decedent'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;

(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 decedent pending with the System; and

(D) that all debts of the decedent, including payment of last sickness, hospital, medical, death, funeral, and burial expenses have been paid or provided for.

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

(4) a Corroborating Affidavit from someone other than an heir who is familiar with the decedent

(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 decedent. 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.

Okla. Admin. Code § 715:10-9-6

Adopted by Oklahome Register, Volume 33, Issue 23, August 15, 2016, eff. 8/25/2016

Amended by Oklahoma Register, Volume 36, Issue 22, August 1, 2019, eff. 8/11/2019

Amended by Oklahoma Register, Volume 42, Issue 5, November 15, 2024, eff. 10/15/2024, exp. 9/14/2025 (Emergency)