1802.000.00 Applications

1802.020.45 Signing on behalf of a Deceased Participant

IM-66 May 25, 2022; IM-#79, December 28, 2018, IM-#134, November 14, 2017

If the participant is deceased, the application must be signed by a court appointed personal representative, administrator or executor of the deceased participant’s estate, or a surviving spouse who has obtained a refusal of letters or has filed a valid small estate affidavit.

EXCEPTION:  A legal representative may file a small estate affidavit to sign an application on behalf of the deceased.

NOTE:  If the participant’s date of death occurred before the prior quarter period (the three months immediately before the month of application) the application will be rejected.

Obtain documentation of appointment as administrator or executor of the estate. Add information identifying the court appointed administrator or executor of the deceased participant’s estate to the eligibility system.

When a participant is deceased, a relative, legal guardian, or conservator cannot appoint another person or agency to be an authorized representative for the participant. The court appointed personal representative, administrator, or executor of the estate may appoint an authorized representative. See 1802.020.30 Signing by an Authorized Representative.

See sections 1802.020.50.05 Death after Application and 1802.020.50.10 Application for Deceased Persons for more information.