59-1507a. Payment of certain benefits to certain relatives; discharge and release; affidavit. - Kansas Statutes

59-1507a

Chapter 59.--PROBATE CODE Article 15.--ACCOUNTING AND DISTRIBUTION

      59-1507a.   Payment of certain benefits to certain relatives; dischargeand release; affidavit.(a) If not less than 180 days after the death of anindividual entitled at the time of death to a monthly benefit orbenefits under title II of the social security act or under any veteransadministration program or public or private retirement or annuity plan,all or part of the amount of such benefit or benefits, not in excess of$5,000, is paid to (1) the surviving spouse, (2)one or more of the deceased's children, or descendants ofthe deceased'sdeceased children, (3) the deceased's father or mother, or (4) thedeceased's brother or sister, preference being given in the order namedif more than one request for payment has been made by orfor the namedindividuals, such payment shall be deemed to be a payment to the personalrepresentative of the decedent and shall constitute a full discharge andrelease from any further claim for such payment to the same extent as ifsuch payment had been made to an executor or administrator of thedecedent's estate.

      (b)   The provisions of subsection (a) shall apply only if anaffidavit has been made and filed with the appropriate governmentaloffice or private company responsible for the benefit by the survivingspouse or other relative by whom or on whose behalf request for paymentis made and such affidavit shows (1) the date of death of the deceased,(2) the relationship of the affiant to the deceased, (3) that noexecutor or administrator for the deceased has qualified or beenappointed, and (4) that, to the affiant's knowledge, there exists at thetime of the filing of such affidavit, no relative of a closer degree ofkindred to the deceased than the affiant.

      History:   L. 1967, ch. 322, § 1;L. 1979, ch. 179, § 1;L. 1985, ch. 191, § 24;L. 2000, ch. 25, § 3; July 1.