If a decedent dies with no probate assets (i.e., owns nothing in their name alone) except for unpaid wages and\or fringe benefits, the wages and\or fringe benefits can be paid directly to the individuals entitled to receive them without opening an estate in the Probate Court.   

Fringe benefits are payable as designated by the terms of the employer’s written contract, policy, or plan. 

If the deceased employee had a signed written designation filed with his employer before his death, the wages and fringe benefits are to be paid to the person(s) designated by the decedent.   

Any wages and\or fringe benefits not covered by the employer’s written contract, policy, or plan, or by the decedent’s written designation, are to be paid in the following order to the decedent employee’s survivors: 


-        Spouse

-        Children

-        Mother or Father

-        Sister or Brother 



Note: Payment under this process will be a full discharge and release of the employer from the wages and fringe benefits due and owing to the deceased employee. 




Rev. 1\08