(1) If not less than thirty days after the death of an individual
entitled at the time of death to a monthly benefit or benefits
under Title II of the social security act, all or part of the
amount of such benefit or benefits, not in excess of one thousand
dollars, is paid by the United States to (a) the surviving
spouse, (b) one or more of the deceased's children, or
descendants of his or her deceased children, (c) the secretary of
social and health services if the decedent was a resident of a
state institution at the date of death and liable for the cost of
his or her care in an amount at least as large as the amount of
such benefits, (d) the deceased's father or mother, or (e) the
deceased's brother or sister, preference being given in the order
named if more than one request for payment shall have been made
by or for such individuals, such payment shall be deemed to be a
payment to the legal representative of the decedent and shall
constitute a full discharge and release from any further claim
for such payment to the same extent as if such payment had been
made to an executor or administrator of the decedent's estate.
(2) The provisions of subsection (1) of this section shall
apply only if an affidavit has been made and filed with the
United States department of health, education, and welfare by the
surviving spouse or other relative by whom or on whose behalf
request for payment is made and such affidavit shows (a) the date
of death of the deceased, (b) the relationship of the affiant to
the deceased, (c) that no executor or administrator for the
deceased has qualified or been appointed, nor to the affiant's
knowledge is administration of the deceased's estate
contemplated, and (d) that, to the affiant's knowledge, there
exists at the time of the filing of such affidavit, no relative
of a closer degree of kindred to the deceased than the affiant:
PROVIDED, That the affidavit filed by the secretary of social and
health services shall meet the requirements of (a) and (c) of
this subsection and, in addition, show that the decedent left no
known surviving spouse or children and died while a resident of a
state institution at the date of death and liable for the cost of
his or her care in an amount at least as large as the amount of
such benefits.
[2010 c 8 § 2056; 1979 c 141 § 12; 1967 c 175 § 2.]
NOTES:
Effective date -- 1967 c 175: "This 1967 amendatory act shall take effect and be in force on and after the first day of July, 1967, in conformity with the terms and provisions of section11.99.010 , chapter 145, Laws of 1965 and RCW 11.99.010." [1967 c 175 § 3.]
Disposition of property of deceased inmate of state institution: RCW 11.08.101, 11.08.111, 11.08.120.