Title 18-A, section 3-1205 of the Revised Statutes of Maine permits direct payment of title II underpayments not in excess of $1,000 to certain relatives of a deceased beneficiary where other statutory prerequisites have been satisfied and an affidavit, under oath, containing all the necessary averments has been filed by the person seeking payment.

We may pay title II underpayments to certain relatives of the deceased in the following order of preference:

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  the surviving spouse,

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  one or more of the children of the decedent or descendants of his or her deceased children,

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  the decedent's mother or father, or

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  the decedent's brother or sister.

The affidavit must contain:

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  the date of death of the decedent;

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  the relationship of the affiant to the decedent;

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  a statement that no petition for appointment as executor or administrator for the deceased has been appointed;

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  a statement that, to the affiant's knowledge, there exists at the time of filing such affidavit, no relative of a closer degree of kindred to the deceased than the affiant.

If the affidavit submitted to SSA does not show the decedent's place of domicile at death, a supplemental affidavit may provide such statement of domicile. SSA should not act on an affidavit prior to the expiration of 30 days following the death of the decedent. SSA cannot make any payment during a 30-day period after the death of the decedent.

Title 18-A, section 3-1201 of the Revised Statutes of Maine applies to any small estate which does not exceed $20,000. It provides that 30 days after the date of death, SSA can make payment of the indebtedness to a person claiming to be the successor of the decedent upon receipt of his affidavit stating that:

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  the value of the estate, wherever located, less liens and encumbrances, does not exceed $20,000;

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  30 days have elapsed since the decedent’s death;

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  no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdictions; and

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  the claiming successor is entitled to payment or delivery of the property.