# SSR 70-30: SSR 70-30: SECTION 204(d)(7). -- UNDERPAYMENT -- LEGAL REPRESENTATIVE -- ORDER GRANTED UNDER "SMALL ESTATE" STATUTE OF STATE OTHER THAN STATE OF DOMICILE OF DECEDENT AT TIME OF DEATH > Federal · Rulings · In force URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_30 ## Section - **Citation:** SSR 70-30 - **Heading:** SSR 70-30: SECTION 204(d)(7). -- UNDERPAYMENT -- LEGAL REPRESENTATIVE -- ORDER GRANTED UNDER "SMALL ESTATE" STATUTE OF STATE OTHER THAN STATE OF DOMICILE OF DECEDENT AT TIME OF DEATH - **Jurisdiction:** Federal - **Kind:** Rulings - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Social Security Rulings / OASI / Overpayments and Underpayments / SSR 70-30 ## Text 20 CFR 404.503 SSR 70-30 G, a retirement insurance beneficiary under title II of the Social Security Act, died domiciled in Texas. Social Security benefits were due him at the time of his death. Pursuant to section 204 of the Act, the amount unpaid became an underpayment. He was not survived by a widow, children, or parents. His estate was not formally administered. A request for payment of the underpayment as the "legal representative" of G's estate pursuant to section 204(d)(7) of the Act was filed by L, a sister of the decedent living in Arizona. She submitted an order of an Arizona court, issued pursuant to the Arizona "small estate" statute (section 14-501), Arizona Revised Statutes), which purported to authorize her to receive the underpayment of social security benefits. Section 204(d) of the Social Security Act provides that amounts due a deceased beneficiary under the retirement, survivors, and disability insurance programs will be paid to individuals according to the following order of priority: The deceased beneficiary's (1) spouse either living in the same household at the time of his death, or entitled to a monthly benefit on the same earnings record as the deceased for the month of his death; (2) child or children entitled to a monthly benefit on the same earnings record as the deceased for the month of his death; (3) parent or parents entitled to a monthly benefit on the same earnings record as the deceased for the month of his death; (4) spouse not falling within the provisions of (1) above; (5) child or children not falling within the provisions of (2) above; or (6) parent or parents not falling within the provisions of (3) above. If no person exists who meets the requirements of f his death; (3) parent or parents entitled to a monthly benefit on the same earnings record as the deceased for the month of his death; (4) spouse not falling within the provisions of (1) above; (5) child or children not falling within the provisions of (2) above; or (6) parent or parents not falling within the provisions of (3) above. If no person exists who meets the requirements of (1) - (6) above, payment will be made to the "legal representative" of the estate of the deceased beneficiary. Thus, at issue here is whether L, the sister of the decedent qualifies as the "legal representative" of the decedent's estate within the meaning of section 204(d)(7) of the Social Security Act. It has been held that for purposes of administration of a decedent's estate, the "situs" of a claim by his estate against the United States will be the State of his last domicile. In re Noyes' Estate 182 Oreg. 1, 195 P.2d 555 (1947); also, Wyman v. United States ex rel. Halstead, 109 U.S. 654, 3 S.Ct. 417 (1884); King v. United States, 27 Ct.Cl. 529 (1892); In re Coit's Estate, 3 App. D.C. 246 (1894). It is also a general principle of law that the legal requirements of the State of an individual's domicile at the time of his death control the administration of his estate therein, 33 C.J.S. Executors and Administrators, 18; 3 Beale, The Conflict of Laws, section 467.1 (1935). Under these rules it is proper for the Social Security Administration to pay monies owing a decedent to the individual who, under the law of the State of the decedent's domicile, has authority to collect the assets of the decedent's estate. Such payment would legally discharge the Government's liability for payment. Wyman v. United States ex rel. Halstead, supra; In re Coit's Estate, supra. er these rules it is proper for the Social Security Administration to pay monies owing a decedent to the individual who, under the law of the State of the decedent's domicile, has authority to collect the assets of the decedent's estate. Such payment would legally discharge the Government's liability for payment. Wyman v. United States ex rel. Halstead, supra; In re Coit's Estate, supra. In this case, claimant's authority to collect the assets of the decedent's estate was not under the law of Texas, where the beneficiary died domiciled, but under the law of Arizona. Under these circumstances, payment to her of the underpayment would give the Administration good acquittance. Accordingly, it is held, L does not qualify as the "legal representative" of G's estate within the meaning of section 204(d)(7) of the Act and thus may not be paid the underpayment which arose as a result of G's death. ## Nearby sections - [SSR 64-2 SSR 64-2: SECTIONS 202(a) and 204(b). -- FINALITY OF DECISION -- REOPENING FOR FRAUD OR SIMILAR FAULT -- RECOVERY OF ERRONEOUS PAYMENTS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_2.md) - [SSR 64-7 SSR 64-7: SECTION 204(a) and (b). -- OVERPAYMENTS -- LIABILITY WHERE THERE IS A REPRESENTATIVE PAYEE -- WAIVER OF ADJUSTMENT OR RECOVERY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_7.md) - [SSR 65-24c SSR 65-24c: SECTIONS 204(a) and (b). -- OVERPAYMENT -- RECOVERY OR ADJUSTMENT -- "DEFEAT THE PURPOSE OF TITLE II" -- "AGAINST EQUITY AND GOOD CONSCIENCE"](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_24c.md) - [SSR 68-7c SSR 68-7c: Rescinded 1986](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_7c.md) - [SSR 68-31 SSR 68-31: SECTIONS 204(a) and 204(d). -- UNDERPAYMENT -- GOOD ACQUITTANCE FOR PAYMENT TO CANADIAN ADMINISTRATOR OF INDIAN ESTATES AS LEGAL REPRESENTATIVE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_31.md) - [SSR 68-72 SSR 68-72: SECTION 204(d)(7). -- UNDERPAYMENT -- PAYMENT TO DISTRIBUTEE OF DECEDENTS ESTATE AS LEGAL REPRESENTATIVE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_72.md) - [SSR 70-3 SSR 70-3: SECTIONS 204 and 216. -- UNDERPAYMENT -- PRIORITY OF PAYMENT TO STEPCHILDREN OF DECEDENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_3.md) - [SSR 70-4 SSR 70-4: SECTION 204(d)(7). -- UNDERPAYMENT -- PAYMENT TO RESIDUARY LEGATEE OF DECEASED BENEFICIARY'S STATE AS "LEGAL REPRESENTATIVE"](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_4.md) - [SSR 70-9 SSR 70-9: SECTION 204(d)(7). -- UNDERPAYMENT -- STATUS OF COUNTY WELFARE AGENCY UNDER INDIANA'S SMALL ESTATE STATUTE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_9.md) - [SSR 70-30 SSR 70-30: SECTION 204(d)(7). -- UNDERPAYMENT -- LEGAL REPRESENTATIVE -- ORDER GRANTED UNDER "SMALL ESTATE" STATUTE OF STATE OTHER THAN STATE OF DOMICILE OF DECEDENT AT TIME OF DEATH](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_30.md) - [SSR 70-54 SSR 70-54: SECTION 204(a). -- OVERPAYMENT -- ADJUSTMENT OR RECOVERY -- LIMITED TO BENEFITS PAYABLE ON RECORD OF DECEASED OVERPAID INDIVIDUAL OR FROM HIS ESTATE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_54.md) - [SSR 72-28c SSR 72-28c: SECTIONS 204(a) and (b) -- (42 U.S.C. 404(a) and (b)). -- DISABILITY INSURANCE BENEFITS -- RECOVERY OF OVERPAYMENT -- FAILURE TO REPORT WORK ACTIVITY AS CONSTITUTING FAULT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_72_28c.md) - [SSR 73-4c SSR 73-4c: Rescinded 1986](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_73_4c.md) - [SSR 73-5c SSR 73-5c: Rescinded 1986](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_73_5c.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_30. 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