You requested our advice concerning the distribution of an underpayment in the amount
of $1,200 due to a deceased Title 2 recipient. The deceased lived in Rhode Island
and left no surviving widow, children or parents. His brother paid the funeral bill
and has applied for the underpayment.
The Rhode Island small estate statute, R.I. Gen Laws § 33-24-1, was substantially revised effective July 23, 1998. The entry for Rhode
Island currently contained in the Program Operations Manual System (POMS) at GN 02315.078 reflects the requirements of Rhode Island law prior to July 23, 1998, and should
therefore be rescinded. The prior small estate statute had provided that a federal
agency could directly pay an underpayment to the person who had paid the funeral bill
of the deceased, up to the amount of the bill, if the person submitted an affidavit
containing the listed information.
Since July 23, 1998, § 33-24-1 of Rhode Island law now provides that if a resident
of Rhode Island dies leaving an estate valued at no more than fifteen thousand dollars
($15,000), exclusive of tangible personal property, "his or her surviving spouse,
child, grandchild, parent, brother, sister, niece, nephew, aunt or uncle, or any interested
party, if of full age and legal capacity and a resident of this state, may, after
the expiration of thirty (30) days from the death of the decedent, provided no petition
for letters testamentary or letters of administration has been filed with the probate
court of the city or town in which the decedent resided, file with the probate court
upon a form prescribed by the court a statement, verified by oath or affirmation containing:
(a) The name and residential address of the affiant,
(b) The name, residence and date of death of the deceased,
(c) The relationship of the affiant to the deceased,
(d) A schedule showing every asset known to the affiant titled solely in the decedent's
name and all assets known or believed to be titled in the decedent's name as of the
decedent's date of death, and the estimated value of each such asset,
(e) A statement that the affiant has undertaken to act as voluntary administrator
of the estate of the deceased and will administer the same according to law, and apply
the proceeds thereof in conformity with this section,
(f) The names and addresses known to the affiant of the persons who would take under
the provisions of [Rhode Island law] in the case of intestacy."
Section 33-24-1 further provides that "[u]pon presentation of such statement, accompanied
by a certificate of the death of the deceased and payment of a fee of thirty dollars
($30.00), the clerk of the probate court shall file these documents as a part of the
permanent record of the court. Upon the payment of five dollars ($5.00), the clerk
of the probate court shall, if no other probate proceeding for administration of such
estate is pending in said court, issue a certification of appointment of voluntary
administrator, but only after such certification has been reviewed by the judge of
the probate court."
In the present case, the brother of the deceased should contact his local probate
court to obtain the required form. The court clerk's office could assist him in filling
out the form. Once he files the form and death certificate with the local probate
court and receives the certificate of appointment as voluntary administrator, the
Agency will be able to release the underpayment to him in accordance with the regulations
at 20 C.F.R. §§ 404.503(b)(7) and (d)(1).