Legal Question in Wills and Trusts in California
Can an employer make a deceased employee's final paychecks out to the employee's next-of-kin when the employee had no will, no estate (other than the unpaid earnings), and therefore no designated executor, and if so, what documentation should the employer obtain to avoid liability for the decision to do so?
Asked on 9/13/12, 3:24 pm
2 Answers from Attorneys
Michele Cusack
Pollak & Cusack
Yes. The claimant should submit a small estate affidavit (Probate Code Section 13100).
Answered on 9/13/12, 3:45 pm
Anthony Roach
Law Office of Anthony A. Roach
I agree with Ms. Cusack. That document is signed under penalty of perjury and should have a certified copy of the death certificate attached. It is usually served by a successor in interest, when no probate is pending, 40 days or more after the death of the decedent.
Answered on 9/14/12, 5:31 pm
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