{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-916.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-916.1","heading":"Payments upon death - Waiver of probate procedures","body":"A. Upon the death of a retired member, the Oklahoma Public\n\nEmployees Retirement System shall pay to the beneficiary of the\n\nmember or if there is no beneficiary or if the beneficiary\n\npredeceases the member, to the estate of the member, the sum of Four\n\nThousand Dollars ($4,000.00) as a death benefit for those retired\n\nmembers who died prior to July 1, 1999. For those retired members\n\nwho died on or after July 1, 1999, the sum shall be Five Thousand\n\nDollars ($5,000.00). The benefit payable pursuant to this\n\nsubsection shall be deemed, for purposes of federal income taxation,\n\nas life insurance proceeds and not as a death benefit if the\n\nInternal Revenue Service approves this provision pursuant to a\n\nprivate letter ruling request which shall be submitted by the board\n\nof trustees of the System for that purpose.\n\nB. Upon the death of a member who dies leaving no living\n\nbeneficiary or having designated his estate as beneficiary, the\n\nSystem may pay any applicable death benefit, unpaid contributions,\n\nor unpaid benefit which may be subject to probate, in an amount of\n\nTwenty-five Thousand Dollars ($25,000.00) or less, without the\n\nintervention of the probate court or probate procedure pursuant to\n\nSection 1 et seq. of Title 58 of the Oklahoma Statutes.\n\n1. Before any applicable probate procedure may be waived, the\n\nSystem must be in receipt of the member's proof of death and the\n\nfollowing documents from those persons claiming to be the legal\n\nheirs of the deceased member:\n\na. the member's valid last will and testament, trust\n\ndocuments or affidavit that a will does not exist,\n\nb. an affidavit or affidavits of heirship which must\n\nstate:\n\n(1) the names and signatures of all claiming heirs to\n\nthe deceased member's estate including the\n\nclaiming heirs' names, relationship to the\n\ndeceased, current addresses and current telephone\n\nnumbers,\n\n(2) a statement or statements by the claiming heirs\n\nthat no application or petition for the\n\nappointment of a personal representative is\n\npending or has been granted in any jurisdiction,\n\n(3) a description of the personal property claimed\n\n(i.e., death benefit or unpaid contributions or\n\nboth), together with a statement that such\n\npersonal property is subject to probate, and\n\n(4) a statement by each individual claiming heir\n\nidentifying the amount of personal property that\n\nthe heir is claiming from the System, and that\n\nthe heir has been notified of, is aware of and\n\nconsents to the identified claims of all the\n\nother claiming heirs of the deceased member\n\npending with the System,\n\nc. a written agreement or agreements signed by all\n\nclaiming heirs of the deceased member which provides\n\nthat the claiming heirs release, discharge and hold\n\nharmless the System from any and all liability,\n\nobligations and costs which it may incur as a result\n\nof making a payment to any of the deceased member's\n\nheirs,\n\nd. a corroborating affidavit from an individual other\n\nthan a claiming heir, who was familiar with the\n\naffairs of the deceased member, and\n\ne. proof that all debts of the deceased member, including\n\npayment of last sickness, hospital, medical, death,\n\nfuneral and burial expenses have been paid or provided\n\nfor.\n\n2. The Executive Director of the System shall retain complete\n\ndiscretion in determining which requests for probate waiver may be\n\ngranted or denied, for any reason. Should the System have any\n\nquestion as to the validity of any document presented by the\n\nclaiming heirs, or as to any statement or assertion contained\n\ntherein, the probate requirement provided for in Section 1 et seq.\n\nof Title 58 of the Oklahoma Statutes shall not be waived.\n\n3. After paying any death benefits or unpaid contributions to\n\nany claiming heirs as provided pursuant to this subsection, the\n\nSystem is discharged and released from any and all liability,\nnt presented by the\n\nclaiming heirs, or as to any statement or assertion contained\n\ntherein, the probate requirement provided for in Section 1 et seq.\n\nof Title 58 of the Oklahoma Statutes shall not be waived.\n\n3. After paying any death benefits or unpaid contributions to\n\nany claiming heirs as provided pursuant to this subsection, the\n\nSystem is discharged and released from any and all liability,\n\nobligation and costs to the same extent as if the System had dealt\n\nwith a personal representative of the deceased member. The System\n\nis not required to inquire into the truth of any matter specified in\n\nthis subsection or into the payment of any estate tax liability.\n\nC. The beneficiary or beneficiaries of death benefits provided\n\npursuant to this section may elect to disclaim the death benefits,\n\nin which case such benefits shall be transferred to a person\n\nlicensed as a funeral director or to a lawfully recognized business\n\nentity licensed as required by law to provide funeral services for\n\nthe deceased member. The qualified disclaimer shall be in writing\n\nand shall be an irrevocable and unqualified refusal to accept all or\n\na portion of the death benefit. It shall be received by the\n\ntransferor no more than nine (9) months after the later of the day\n\nthe transfer creating the interest in the disclaiming person is made\n\nor the day the disclaiming person attains age twenty-one (21). The\n\ninterest in the death benefits shall pass without direction by the\n\ndisclaiming person to another person. After paying death benefits\n\nto any beneficiary or the member's estate pursuant to this\n\nsubsection, the System shall be discharged and released from any and\n\nall liability, obligation, and costs. The System is not required to\n\ninquire into the truth of any matter specified in this subsection or\n\ninto the payment of any tax liability.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"63578405d95740f6ee2a9d8b28e3909caa3f81b5a7094c029b2ce7a856ad6fbc","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-916","next":"us-ok/okla.-stat.-tit.-74-74-916.2"},"notice":"GroundRules: Original legal text. Not legal advice."}