Money Due From Decedent's Employer Wages and Fring Benefits

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:

Rev. 1\08