Deceased Claimants, Guardianships and Bankruptcies


If a claimant is deceased either before she could file a claim for benefits or after a claim has been filed - and the claimant is otherwise eligible for payment - a claim can still be submitted and paid as long as the following rules are followed:

  1. The Settlement Facility requires and original, certified copy of a claimant's death certificate and evidence of a properly appointed Executor or Administrator of a deceased claimant's estate. 
  2. If a payment is approved and the proper documents described above have not been provided to the Settlement Facility, the payment will not be issued until these documents have been supplied. 

Acceptable types of estate documents vary depending on the state or region of the deceased claimant.  You may contact your local jurisdiction for information regarding acceptable types of estate documents or contact an attorney who is knowledgable about probate laws in the state where the claimant resided at the time of death or where the will is being probated.

Attorneys, but not unrepresented claimants, may complete an Estate Claims Affirmation and Agreement and submit it to the Settlement Facility.  You may contact Claims Assistance to request the form.

If you have been appointed as a Guardian of a claimant or as a Bankruptcy Trustee for a claimant who has filed for bankruptcy protection, you must submit documentation showing your authority to act in that capacity.  A Power of Attorney is not sufficient documentation to prove your authority.