Estates of Deceased COLA Awardees; Summary Administration or Probate; Affidavit

When a COLA awardee as defined by Title 4 GCA § 7101(4) dies before receiving the award and the Director of Administration determines that Title 4 GCA § 7102 does not apply, the Director shall pay over the COLA award as defined by Title 4 GCA § 7101

(3)as follows:

(a)If no proceeding regarding the awardee’s estate was brought pursuant to Title 15 GCA, a person who has a right to succeed to the awardee’s property may, without bringing such a proceeding, submit to the Director the COLA awardee’s death certificate and an affidavit showing the name, age and address of every person entitled to the COLA award pursuant to the laws of intestate succession. If the Director determines that the affidavit is correct, he shall distribute the COLA award accordingly.

(b)If a proceeding regarding the COLA awardee’s estate pursuant to Title 15 GCA is pending, the court in said proceeding shall order the Director to pay over the award to the decedent’s personal representative.

(c)If a proceeding regarding the COLA awardee’s estate was brought pursuant to Title 15 GCA but is closed, the personal representative or an heir of the COLA awardee may request payment of the CH. 31 DISPOSITION OF ESTATES OF SMALL VALUE COLA award and present the Director of Administration with a certified copy of the Final Decree of Distribution. The Director shall pay over the COLA award according to said Decree in the appropriate amounts to the heirs named therein or to their personal representatives or successors in interest. The Director shall develop form affidavits to assist applicants for COLA awards.