Audience:

DO/BO/TSC:

CR, CR TII, FR, OA, OS, RR, SR

OCO-ODO-IND:

CATA, EHI, RCOVTA

OCO-ODO-SHARE:

BA, CA, RECONR, RECOVR

OCO-OIO:

CA, CATA, FCR, RECONR

PSC:

CA, CRTA, CS, ICDS, IES, ISRA, RECONR

TN 3 (08-89)

A. Policy Principle

Where an estate is small, the laws in most jurisdictions provide for dispensing with formal administration in whole or in part.

B. Procedure

1. Using This Chapter

This subchapter lists a summary of the small estate statutes for the States and contains guidelines for cases involving foreign jurisdiction. Use this subchapter as a guideline in determining if the requirements of the small estate statutes are met.

NOTE:Do not use these instructions to determine proper recipient for title XVI underpayment.

2. Denying Request For Underpayments

1. If the individual clearly does not meet the criteria for status as a legal representative under the small estate statute and there is no evidence he /she is seeking legal representative status for other than the title II underpayment, deny the request for the underpayment.

2. In the denial notice, tell the individual that he/she does not qualify as the legal representative of the estate.

3. Submittal to Chief Counsel

See GN 02315.025 for instructions on when to submit a case involving the small estate statutes to the regional Chief Counsel.