TN 8 (03-13)
GN 02315.086 Virgin Islands Small Estates
A. Background for Virgin Islands small estates
The Virgin Island statute relating to small estates provides the procedures that individuals may use to settle small estates without formal administration. For purposes of receiving Title II or Black Lung payments, we consider an individual authorized to act pursuant to these procedures a “legal representative” of the estate.
B. Policy for basic Virgin Islands statute
1. Within 30 days of death
Within 30 days of death, unless the decedent has designated a beneficiary, the surviving spouse may collect from each source up to $1000 in payments due the estate of the deceased if the total value of all payments received by the spouse under the statute does not exceed $5000. 15 Virgin Islands Code (V.I. CODE) §89(b) (2008); hyperlink not available).
2. Not less than 30 days after death
Not less than 30 days after the decedent’s death, unless provided differently in a designation of beneficiary, an underpayment not exceeding $5000 may be paid on the basis of an affidavit and in the following order of preference to:
One or more of the children of the decedent eighteen years of age or older;
The father or mother of the decedent;
The brother or sister of the decedent; or
Any other surviving relative, friend, or agent of the decedent.
(15 V.I. CODE §89(c) (2008); hyperlink not available).
C. Procedure for documenting the certification of a payment
For individuals requesting payment under GN 02315.086B.2 in this section, we may certify payment to the individual upon his or her presentation for retention by SSA of:
An affidavit showing the date of death of the decedent, a statement that at least 30 days has elapsed between the date of death of the decedent and the presentation of the affidavit to SSA, the relationship of the individual making the affidavit to the decedent, that no executor or administrator has qualified or been appointed, the names and addresses of the persons entitled to and who will receive the money paid, and that the underpayment, together with all other payments made under the statute, known to such individual after diligent inquiry, do not in the aggregate exceed such amount as provided by regulation promulgated by the Commissioner of Banking. (15 V.I. CODE §89(c) (2008); hyperlink not available).
A completed SSA-795, Statement of Claimant or Other Person, with a statement that the individual is, pursuant to the requirements of 15 V.I. CODE §89, as applicable, authorized to apply for any underpayment on the account of the decedent, and will, upon receipt of payment, give SSA a receipt.
A certified copy of the death certificate, and proof of relationship of the individual to the decedent, if not already previously submitted to SSA.