§ 51.1-164. Disbursement by affidavit
If it is determined that payment is to be made to the estate of a member or former member and there has been no appointment of a representative of the estate within the 60 days following the death of the member or former member, payment may be made to a person claiming to be the successor of the decedent upon presentation of an affidavit. The affidavit shall certify that (i) the value of the entire personal probate estate, wherever located, does not exceed the maximum allowed in § 64.1-132.2, (ii) no application for the appointment of a personal representative is pending or has been granted in any jurisdiction, (iii) the will, if any, was duly probated and the list of heirs required by § 64.1-134 was duly filed, and (iv) the claimant is entitled to payment and the basis upon which such entitlement is claimed. The list of heirs required by § 64.1-134 must also be filed with the Board.
Upon receipt of a properly executed affidavit, the Board is discharged and released to the same extent as if dealing with an appointed representative of the estate of the decedent. The Board shall not be required to see to the application of benefits or evidence thereof or to inquire into the truth of any statement in the affidavit. Any person to whom payment is made is answerable and accountable therefor to any appointed representative of the estate or to any other person having a superior right.
(1984, c. 430, § 51-111.58:2; 1986, c. 474; 1990, c. 832; 2004, c. 81.)
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