This subchapter lists a summary of the small estate statutes for the States and contains guidelines for cases involving foreign jurisdiction. Use this subchapter as a guideline in determining if the requirements of the small estate statutes are met.

1. a. 

   If the individual clearly does not meet the criteria for status as a legal representative under the small estate statute and there is no evidence he /she is seeking legal representative status for other than the title II underpayment, deny the request for the underpayment.

2. b. 

   In the denial notice, tell the individual that he/she does not qualify as the legal representative of the estate.

See GN 02315.025 for instructions on when to submit a case involving the small estate statutes to the regional Chief Counsel.