FOM1 620 

620.5 Introduction 

Under the RRB's regulations, when determining if a benefit is payable and an estate is 

involved, designated personnel in the Office of Programs have the authority to: 

	 Require formal administration of an estate; or 

	 Require reopening of an estate; or 

	 Make certification of payment using informal or no administration procedures, if 

allowed by the statutes of the state of the last domicile of the decedent. 

This chapter describes what is required for an estate to be payable, when an estate is 

not payable, and how cases involving estates should be handled. These instructions 

apply to estates of beneficiaries as well as employees. 

620.10 When Railroad Retirement Act Benefits Are Payable To An 

Estate 

620.10.1 When an LSDP Is Payable to an Estate 

All or part of a Lump-Sum Death Payment (LSDP) is payable to an estate when any of 

the following conditions exist: 

A. The LSDP is payable to payers of burial expenses and estate funds were used to 

pay those expenses; or 

B. The LSDP is payable to payers of burial expenses and a person who paid part of 

those expenses with personal funds dies before receiving his share of the LSDP 

as an equitably entitled person. 

620.10.2 When an Annuity Due but Unpaid at Death Is Payable to an Estate 

All or part of annuities due but unpaid at death, except survivor annuities, are payable to 

an estate when any of the following conditions exist: 

A. The annuity unpaid at death is payable to payers of the employee's burial 

expenses not previously reimbursed in full by any LSDP and estate funds are 

involved; or 

B. The annuity unpaid at death is payable to payers of the employee's burial 

expenses not previously reimbursed in full by any LSDP, and an eligible person 

dies before receiving his share of the annuity due but unpaid at death as an 

equitably entitled person. 

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620.10.3 When an RLS Is Payable to an Estate 

A residual lump-sum (RLS) is payable to an estate when any of the following conditions 

exist: 

A. The employee designated his estate as beneficiary to receive the RLS; or 

B. The employee died before 10-1958 and he either did not designate a beneficiary, 

or if he designated one, the beneficiary is not living at the time the RLS is to be 

paid, and no qualified relative survives who is living on the date his relationship is 

determined by the RRB; or 

C. The employee died after 9-1958 and he either did not designate a beneficiary, or 

if he designated one, the beneficiary is not living at the time the RLS is to be 

paid, and no qualified relative survives or each surviving relative who can qualify 

dies before negotiating his check for the RLS. 

NOTE: In B and C above, if the designated beneficiary survives the employee, 

but dies before receiving the RLS payment, entitlement passes to the estate of 

the designated beneficiary. 

620.15 How Benefits Are Paid To An Estate 

When benefits are payable to an estate, payment can be made under one of the 

following procedures: 

	 Formal administration (legal representative appointed). 

	 Informal administration (court order under small estate statutes). 

	 No administration (no legal representative appointed or court order secured). 

620.20 Definition Of Terms 

The following is a list of terms most commonly used in the administration of estates. 

	 Administrator - The person appointed by a law court to settle an estate under state 

probate proceedings when the decedent died without a will. The property of the 

decedent is vested in the administrator only from the time of the appointment. 

	 Administrator Cum Testamento Annexo - Performs the same function as an 

administrator, except that the decedent died testate. 

	 Assets (of an Estate) - Any possessions, property, goods, capital, etc., owned by the 

decedent at the time of his death. Included among a decedent's assets are: 

1. Money found among his effects. 

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2. Funds obtained by selling real or personal property. 

3. Money on deposit to his credit at a bank (except monies in a joint account and 

the joint owner survives the decedent). 

4. Unpaid wages his employer was holding for him. 

 Decedent - A person who has died. 

 Distributee - A person or persons related to the deceased who may inherit his 

personal property under the intestacy laws of the state of his last legal residence. 

 Domicile - The location accepted as the last legal residence of a deceased person. 

 Escheat - The reversion of an estate to the state government because there is no 

legal heir. 

 Estate - The property, possessions and funds of the deceased person. 

 Executor - The person named in a will to settle an estate. The property of the 

decedent is vested in the executor from the moment of the testator's death. 

 Formal Administration - The settlement of an estate under probate proceedings of 

the state of the decedent's legal residence at death. 

 General Creditor - The person to whom the decedent is indebted to at death for such 

items as board, rent, laundry, personal loans, balance remaining on installment 

purchases, etc. [NOTE: This is no longer a factor in determining entitlement when 

an estate is involved]. 

 Heir - One who is entitled to receive all or part of the property of a deceased person. 

 Informal Administration - The settlement of an estate without formal probate 

procedures. 

 Intestate - Absence of a will. 

 No Administration – An administrator of the estate has not been appointed, either 

formally or informally. 

 Personal Representative - A title given a person appointed to settle an estate 

whether under the provisions of the deceased person's will or under the provisions of 

the State's intestacy laws. Maryland has done away with both of the titles "executor" 

and "administrator" and now uses only "personal representative" to designate a 

person charged with performing the duties associated with either of the former titles. 

 Primary Estate - The estate of the deceased employee. 

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	 Priority Creditor - One whose claim against an estate has rights superior to those of 

general creditors. In most states, a claim by the PB/E has rights superior to those of 

other priority creditors. In No Administration cases, a priority creditor is a person 

who paid part of the B/E when estate funds were also used to pay part of the B/E 

and a legal representative has not been appointed (see FOM1 620.45.2 item B.). 

	 Secondary Estate - The estate of a deceased priority creditor or distributor. 

	 Small Estates Statutes - The laws of a state which permit settlement of an estate 

without the usual formal probate procedures. 

	 Testate - Having a will. 

	 Testator - Person making a will. 

620.25 Evidence Requirements 

In addition to any other proofs needed to pay either an LSDP, RLS or accrued annuity, 

the following evidence is also required when an estate is involved: 

Evidence When Required 

Application (AA-21) Always. Only one AA-21 is needed when coexecutors are filing on behalf of the estate. 

Proof of Death Always (for each person whose estate is to be 

distributed). 

Proof of Relationship If payment of more than $25 is being made to 

distributees or if the relationship of a distributee is 

questionable. 

Proof of Payment of B/E When applicant has paid any burial expenses. In 

some cases, listing the paid B/E on the signed 

application or in a signed statement is acceptable 

(see FOM1 605.65.4) 

Affidavit or Certified Copy of 

Court Order Dispensing with 

Administration. Only one or the 

other is needed. The small 

estate statutes of the state of 

the employee’s last domicile 

determines which of the two is 

required. 

If payment will be made without formal 

administration under a state’s small estate 

statutes. 

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Certified Copy of Appointment 

as Legal Representative 

If formal administration is required for payment to 

an estate. 

NOTE: If the proof of appointment of legal 

representative was issued more than 1 year prior 

to the date it is submitted to the RRB, inform the 

applicant that the certification must show that the 

appointment is still in full force and effect. 

Certified Copy of Final 

Accounting 

If the estate has been closed and payment is to be 

made without reopening. 

620.30 Formal Administration 

620.30.1 When Formal Administration Is Required 

A. Amount of Each Type of Benefit Exceeds $1,000 - Formal administration of an 

estate is required when each type of benefit, considered separately, exceeds 

$1,000 and: 

1. The applicant does NOT request that payment be made under the "Small 

Estate" statutes of the state of the decedent's domicile at death; or 

2. The applicant requests application of the "Small Estate" statutes but the 

state has adopted no "Small Estate" statutes (see FOM1 Art 6 App C), or 

the amount of the benefit payable exceeds the limit specified in the "Small 

Estate" statutes; or 

3. The decedent is survived by relatives entitled to inherit his personal 

property under the intestacy laws of the state of his domicile at death 

(seeFOM1 Art 6 App D); or 

4. The decedent was NOT survived by a relative entitled to inherit his 

personal property but there are unpaid creditors of his estate and: 

a. The creditors are other than priority creditors, or 

b. The sole creditors are priority creditors whose claims exceed 

$1,000. 

B. Amount of Benefit Less Than $1,000 - Formal administration is required when 

each type of benefit, considered separately, is less than $1,000 and: 

1. There is a creditor of the estate who possesses the rights superior to 

those of the surviving spouse or kindred and has not waived their claims 

against the estate (see FOM1 Art 6 App C); or 

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2. Heirs of the deceased reside in a foreign country and, although their 

whereabouts are unknown, there is no definite proof that they are dead. 

620.30.2 Development 

When benefits are payable to an estate and a legal representative is required to effect 

the payment, secure the following from the executor or administrator (including public 

administrators): 

A. An application Form AA-21; and 

B. Certified copy of: 

1. Letters testamentary if there is a executor named in the decedent's will; or 

2. Letters of administration if there is or will be an administrator appointed. 

NOTE: If the proof of appointment of legal representative was issued more than 1 

year prior to the date it is submitted to the RRB, inform the applicant that the 

certification must show that the appointment is still in full force and effect. 

C. Remaining information necessary for payment of benefits. 

620.30.3 Escheat 

Escheat occurs when no heirs of an estate exist and any assets remaining, after the 

debts of an estate have been paid, would revert to the state of the deceased's domicile 

at death. Escheat is not possible when a will is involved. Advise the potential applicant 

that any part of a Railroad Retirement Act benefit due an estate which would escheat to 

the state cannot be paid. 

A. When Escheat Is Possible - The probability of escheat strongly exists in cases in 

which: 

1. A public administrator has been appointed to represent the estate; and 

2. The decedent was not survived by a relative who could be considered an 

heir of his estate. 

B. When Development for Escheat Is Not Necessary - If the decedent left a will and 

an executor or administrator has been appointed, there can be no escheat. The 

fact that the will has been submitted for probate is sufficient basis to assume that 

there are persons legally entitled to share in the estate. The total amount due 

the estate may be paid to the executor or administrator cum-testamento annexo 

(CTA) without developing for escheat. The proof of legal appointment serves as 

evidence a will exists. 

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620.30.4 Amount Payable to Estate 

If there is an executor, the examiner will pay the full amount of benefit to him/her. If 

there is an administrator, the possibility of escheat must be considered. Advise the 

potential applicant that, if escheat is possible, the application will be denied unless he 

voluntarily furnishes the information in B below. 

A. Escheat Is Not Possible - The examiner will pay the full amount of the benefit to 

the administrator. 

B. Escheat Is Possible - The examiner will deny the application unless the 

administrator shows that the benefit will not escheat, by: 

1 Providing the name and address of an heir; or 

2. Showing that the liabilities of the estate are greater than the assets and 

the total benefit payable. This information must be submitted voluntarily 

by the administrator either when the application is filed or after the denial 

letter is released. In no way can the administrator be requested to submit 

this information. The administrator must submit this information on his 

own. 

620.35 Reopening Of Estate 

620.35.1 Employee or Beneficiary Died Intestate 

When an administrator was previously appointed and the estate has been closed, the 

estate may have to be reopened. 

A. When Estate Need Not Be Reopened - Reopening of an estate is not required 

when the applicant voluntarily advises that: 

1. The employee's estate was solvent (i.e., there were sufficient assets of the 

estate to pay all creditors) and the amount of each type of benefit payable, 

if considered separately, does not exceed $1,000; or 

2. The employee's estate was insolvent and: 

a. The only creditors having claims against the estate are priority 

creditors and the amount of each type of benefit, when considered 

separately, does not exceed $1,000, or 

b. The amount of each type of benefit exceeds $1,000 but there are 

no heirs, the total of the priority creditor claims against the estate 

are $1,000 or less, and reopening would result in an escheat of the 

balance of the amount payable; or 

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3. The beneficiary's estate was solvent. 

B. When Estate Must Be Reopened - The employee's estate must be reopened 

when conditions 1 and 2, above, are not met. A beneficiary's estate must be 

reopened when condition 3 is not met. 

620.35.2 Employee or Beneficiary Died Testate 

A. When Estate Need Not Be Reopened - The estate need not be reopened when 

the applicant voluntarily advises that: 

1. The estate was solvent; and 

2. Sufficient assets were available to fulfill the bequests of the testator; and 

3. The amount of each type of benefit is less than $1,000. 

B. When Estate Must Be Reopened - An estate must be reopened when the 

conditions listed in "A" are not met. When reopening is required but the heirs, or 

their attorneys, insist that it is not required under the probate laws of the state in 

question, notify Survivor Benefits. They will refer the case informally to the 

deputy general counsel. 

620.35.3 Development When Reopening of Estate Not Required 

A. Decedent Died Intestate - Secure the following from the heir: 

1. Application Form AA-21; and 

2. A certified copy of the final accounting. 

B. Decedent Died Testate - Secure the following from the heir: 

1. Application Form AA-21; and 

2. A certified copy of the will; and 

3. A certified copy of the final accounting. 

NOTE: When a primary and secondary estate are involved, and neither will be 

reopened, the same development is required for each estate. 

620.35.4 Development When Reopening of Estate Is Required 

Secure the following from the legal representative: 

A. Application Form AA-21; and 

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B. Copy of the court order reopening the estate. 

620.40 Small Estate Statutes (Informal Administration) 

620.40.1 General 

Some states have statutes which permit the settlement of estates without the usual 

formal probate procedures. Such statutes authorize a court to either appoint some 

person who is considered the legal representative to collect and receive all assets of the 

estate, or to designate who shall share in the distribution of the estate (see 

FOM1 Art 6 App C). 

The court may appoint some person in an order dispensing with formal administration or 

in an order refusing letters of credit. In an order refusing letters of credit, a creditor may 

be named by the probate court. The creditor so named would then have the same 

powers as if appointed as an executor or administrator of the estate. Such an order 

may be considered the same as letters of administration. The following states have 

adopted statutes under the Model Small Estates Act which dispense with formal 

administration of an estate by way of an order refusing letters of credit. 

 Arkansas 

 Delaware 

 Florida 

 Missouri 

 Texas 

620.40.2 Court Order Dispensing With Formal Administration 

The order dispensing with formal administration is acceptable, even though the amount 

of the Railroad Retirement Act benefit exceeds $1,000, if: 

	 The Deputy General Counsel has previously ruled on the statute of the state (see 

FOM1 Art 6 App C); and 

	 The statutory requirements of the state have been met. 

When these conditions have not been met, submit a copy of the court order to Survivor 

Benefits. They will consult the attorney advisor. 

620.40.3 Providing Information About Small Estates 

When the estate can be handled under a small estate statute, advise the inquirer, 

applicant or estate’s representative that this option is available and that (s)he should 

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contact the local probate court, or other court with jurisdiction over probate issues, for 

more information. Do not solicit any detailed information about the estate. 

620.40.4 Development 

When a benefit is to be paid under the small estate statutes, secure the following: 

	 The court order or other document which permits settlement of an estate without 

formal administration; and 

	 An application from the legal representative or each distributee of the estate, 

whichever is appropriate. 

When a public administrator has been assigned by the court to settle an estate under 

the small estate statutes, the administrator must submit letters of administration 

specifically covering the estate in question. These cases are not to be considered 

under the "no administration" procedure. 

620.45 No Administration 

620.45.1 General 

When an LSDP, RLS or accrued annuity is due an estate and there is no formal or 

informal administration of the entitled estate, payment of the benefit may not be 

possible. The following sections explain when a benefit is or is not be payable to the 

estate in these cases and how they should be handled. 

HISTORICAL NOTE: Until 1980, the RRB was able to pay benefits in no administration 

cases because, at the time, Part 236 of the Code of Federal Regulations (CFR) gave it 

the authority to act as the administrator of the estate when none was appointed. Form 

AA-21a (obsolete) was used to obtain the detailed information necessary (i.e. last 

illness expenses, distributees of estate, etc.) for the RRB to determine the entitlement of 

claimants against the estate or the estate’s distributees according to the laws of the 

state of the decedent's legal residence at death, and pay benefits accordingly. In June 

1980, OMB rescinded its approval of the continued use of the AA-21a because that 

agency determined that the RRB did not have the statutory authority “to ask detailed 

questions of a sensitive nature which are inessential to determine eligibility or amount 

payable”, nor did the form meet “The President’s Paperwork Reduction Guidelines” 

limiting questions on applications “to those necessary to determine eligibility or amount 

of benefit”. In other words, the RRB was no longer allowed to solicit the type of detailed 

information it needed to determine how a benefit should be distributed. In effect, it could 

no longer act as administrator and, therefore, determine how benefits should be paid in 

these cases. Part 236 was eventually removed from the CFR. 

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620.45.2 Payment of Lump-Sum Death Benefit (LSDP) 

When an LSDP is payable to payers of the employee's burial expenses (PB/E), and any 

portion of the reimbursable burial expenses (B/E) were paid from estate funds, and a 

legal representative for the estate has not or will not be appointed, payment of the 

LSDP is determined by SURVIVOR BENEFITS. 

A. All the burial expenses, including all non-funeral home expenses, were paid from 

estate funds and a legal representative has not been appointed: 

1. Provide the inquirer with the amount of the LSDP. When available, base 

the LSDP on the lump-sum basic amount figure on the MARC file. If 

information is not available in the office, send an e-mail to SURVIVOR 

BENEFITS requesting the LSDP amount. 

2. Advise that no payment can be made unless a legal representative for the 

estate is appointed. 

3. If a person insists on filing, take a Form AA-21 application. Do not 

develop any proofs. If payment cannot be made to a funeral home, PB/E 

or priority creditor as described in section B below, SURVIVOR 

BENEFITS will deny the application, incorporating code paragraphs 571 

and 571.1 in the denial letter. 

B. Part of the burial expenses were paid from estate funds and a legal 

representative has not been appointed: 

1. Develop a Form AA-21 application and necessary proofs from the person 

who paid a portion of the burial expenses or who is authorizing payment of 

an outstanding balance to the funeral home. 

2. If the state of the decedent's domicile is one of those listed below, the 

PB/E can be paid the estate's portion (until fully reimbursed) of the LSDP 

or accrued annuity as a priority creditor. The probate laws of these states 

give first consideration to reimbursing payers of burial expenses before 

satisfying other priority creditors. RRB benefits can be paid to PB/E as a 

priority creditor only in cases involving the states listed. In all other states, 

RRB benefits due the estate cannot be paid unless a legal representative 

for the estate is appointed. 

Alabama Nebraska 

Alaska (limited to $300 if 

Arizona estate insolvent) 

California Nevada 

Colorado New Hampshire 

Connecticut New Jersey 

Delaware New York 

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District of Columbia	 North Carolina

 (limited to $600) North Dakota 

Florida Ohio 

Hawaii (limited to $800) 

Idaho Oklahoma 

(Limited to $100 Oregon 

if estate insolvent) Rhode Island 

Illinois South Dakota 

Indiana Tennessee 

Iowa Utah 

Kansas Vermont 

Kentucky (Funeral not over $1000, 

Louisiana headstone not over $150 

(limited to $500 where estate is insolvent) 

if estate insolvent) Virginia 

Maine (limited to $500) 

Maryland Washington 

(limited to $1200 West Virginia 

if estate insolvent) (limited to $600) 

Michigan Wisconsin 

Minnesota (effective April 1, 1971) 

Missouri Wyoming 

Montana 

NOTE: Limitation on Priorities - This listing contains limitations as to 

amounts opposite some of the items. These limitations apply, generally 

speaking, only as against other items of priorities, and not against full 

reimbursement for any particular item. 

3. Pay any amount due the funeral home before paying any prorated share 

due to a PB/E. 

4. Use the following examples as guides in determining the amount payable 

to a priority creditor. 

EXAMPLE 1 – FH expenses paid by estate and non-FH expenses paid by 

other PB/E 

LSDP = $1,000.00; total FH expenses = $2,500.00; EE pre-paid all of the 

FH expenses; EE’s brother paid $250.00 for flowers and $50.00 for long 

distance phone calls to make the funeral arrangements. If the estate was 

payable, it would be paid the entire LSDP and the brother would not be 

reimbursed for any of his expenses. However, since the estate is not 

payable because no legal representative has been appointed, we can use 

$300.00 of the estate’s share to fully reimburse the brother the amount he 

paid for the flowers and phone calls. He later submits another claim for 

reimbursement of $75.00 for additional long distance calls that were not on 

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his previous phone bill. Because $700.00 of the estate’s share remains, we 

can also reimburse him for the additional $75.00 in long distance phone 

calls. 

EXAMPLE 2 – Both estate and other PB/E paid FH expenses 

Use the following formula to determine the share due each PB/E: 

(AMT PD BY PB/E  TOTAL B/E PD BY ALL PB/E) X TOTAL LSDP PAYABLE TO PB/E = SHARE DUE PB/E 

LSDP = $1,000.00; total FH expenses = $ 3,500.00; EE’s estate paid 

$3000.00 of the FH expenses; EE’s son paid the remaining $ 500.00. 

Using the above formula, if the estate was payable, its share of the LSDP 

would be $857.14 and the son’s share would be $142.86. Since the estate 

is not payable, $357.14 of its share can be used to reimburse the son for 

all $500.00 of the FH he paid. If there are also any non-FH expenses, the 

payer(s) of those expenses can be reimbursed up to a total of $500.00, 

the remaining amount of the estate’s share. 

620.45.3 Payment of Accrued Annuity 

A situation may arise in which an accrued annuity is payable and the first priority of 

payment is an estate without a legal representative. 

A. If the reimbursable burial expenses exceed the accrued annuity, do not take an 

application. Should someone insist on filing, take a Form AA-21. No proofs need 

be developed. The application is denied. 

B. If the reimbursable burial expenses are less than the accrued annuity: 

1. Secure proof of payment of the burial expenses; and 

2. Take the necessary development action with the relative(s) who are 

entitled according to the established priorities. 

If a Form AA-21 is filed for the estate by a person who is not entitled as a 

relative, the application is denied. 

620.45.4 Payment of the Residual Lump-Sum (RLS) 

The RLS may be due the employee's estate if the employee designated his/her estate 

as beneficiary, or the employee did not designate a beneficiary and either was not 

survived by a qualified relative, or each surviving relative who could qualify died before 

receiving the RLS. 

If an application is received and a legal representative has not been appointed, the 

application is denied. 

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620.45.5 Development 

Normally, it can be determined from information furnished on either a submitted Form 

AA-21 or Form Letter RL-94F that part of the B/E was paid from estate funds. If no 

administrator is apparent, Form AA-21 should be developed from any person who paid 

burial expenses and appears to be entitled as PB/E or priority creditor. Do not take any 

action to develop from the estate. 

620.50 Foreign Estates 

620.50.1 General 

When the decedent who died lived in a foreign country, administration of his estate is 

governed by the laws of that country. In some countries individual administrators or 

executors are appointed to administer an estate, while in others the courts are 

authorized to act as administrator. 

620.50.2 Development 

Development in Canadian or Mexican cases should be handled by the field offices 

assigned to the provinces, states or territories of those countries. Development in other 

foreign cases should be handled by the Chicago field office, often with the assistance of 

the local U.S. Foreign Service Office. 

Attempt to determine from the information available (i.e., inquiry from a relative, RL-94F, 

AA-21, etc.) whether the estate of the deceased will be entitled to benefits and take 

action as follows: 

A. Estate Will Be Formally Administered - Have an application, AA-21, completed by 

the administrator or executor of the estate and request him to submit: 

1. A certified copy of the letter of appointment; or 

2. A similar document which may be issued by a foreign government; and 

3. Proof of the employee's death and any other proofs required to process 

the claim. 

B. Estate Will Not Be Formally Administered - Have the nearest surviving relative 

complete and return the application AA-21 and submit proof of death. Payment 

can be made without formal administration if the laws of the country in which the 

deceased lived allows for payment to the payer of B/E as priority creditor. Refer 

these cases to the attorney advisor. 

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620.50.3 Administration Of Estates In Norway 

The Norwegian Government has designated its probate courts to act as administrators 

of all estates, except where a valid will or testament has named a person as an 

executor. In these cases, the court and not the judge is the administrator of the estate. 

When a person dies in Norway, the attending physician or hospital notifies the probate 

court in the area where death occurred. The probate court, itself, records the notice of 

death. An estate may then be handled by formal or informal administration. 

A. Formal Administration of an Estate - Formal administration of an estate is 

accomplished in one of the following ways: 

1. The probate court will act as administrator in accordance with Norwegian 

Law; or 

2. An executor named in the will of the deceased will act as administrator. As 

verification such person will furnish a statement from a court that he is the 

executor; or 

3. The probate court will appoint an administrator of an estate. In this 

instance the person so named is to furnish a copy of the court's certificate 

designating him as the administrator. 

B. Informal Administration of an Estate - Informal administration of an estate may be 

effected if all the heirs agree to the private handling of an estate. To do this they 

must all sign a statement assuming full responsibility for the liabilities of the 

deceased. The probate court will issue a statement that such handling has been 

approved. Usually, the heirs will appoint one of their own group or an attorney to 

act for them. In this instance, the certification of the probate court is to be 

furnished as well as the statements of the heirs agreeing to the appointment of 

one heir or an attorney to represent them. 

C. Validity of Statements Issued by a Norwegian Probate Court - Statements of a 

Norwegian probate court relating to death and burial expenses are acceptable as 

evidence in the place of receipts. The probate court is usually required to retain 

the original receipts covering payments made by the court, or by the authorized 

representative, on behalf of the estate. Such statements, if submitted, are 

acceptable as just and correct proofs of payment. 

D. Corresponding With a Norwegian Probate Court - When writing to a Norwegian 

probate court, address the correspondence to the court and not the judge of the 

court by name. 

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620.55 Certification of Payments to an Estate 

620.55.1 Estate Formally Administered 

When an executor named in a will or an administrator has been appointed as legal 

representative of an estate and has not been discharged, make payment only to the 

executor or administrator. 

620.55.2 Estate Need Not Be Reopened 

A. Employee or Beneficiary Died Intestate - If the employee's estate was solvent, 

make the payments to the same persons in the same proportions as shown in 

the final accounting. 

B. Employee or Beneficiary Died Testate - Consider benefits under the RR Act as 

residue of the employee's estate if residuary legatees are named in the will. 

Make payments to the same persons in the same proportions as provided in the 

will and in the final accounting. 

NOTE: Certified copies of the will and the final accounting are required because in 

some instances the final accounting does not list distributees and the shares paid them. 

620.55.3 Probate Of Will Not Contemplated 

When the employee died testate and probate of the will is not contemplated, disregard 

the existence of the will and pay the case under the "No Administration" procedure. 

620.55.4 Small Estate Statutes 

When the RR Act benefit can be paid under small estate statute, the court has 

appointed one person to collect and receive all assets of the estate. If an order 

dispensing with administration is received and the summary in FOM1 Art 6 App C 

requires a listing of the assets and the RR Act benefit is not listed, it is not an 

acceptable order. Secure a new order with the RR Act benefit listed. If the summary in 

Appendix C does not require a listing of the assets, it is not necessary to list the RR Act 

benefit. 

Pay the entire amount due the estate to the person named in the order as 

representative. 

620.55.5 No Administration 

Survivor Benefits handles payments in No Administration cases, as described in 

FOM1 620.45. 

FOM1 620 Benefits Due an Estate Revised August 10, 2017 Page 16 of 16