# SSR 70-4: SSR 70-4: SECTION 204(d)(7). -- UNDERPAYMENT -- PAYMENT TO RESIDUARY LEGATEE OF DECEASED BENEFICIARY'S STATE AS "LEGAL REPRESENTATIVE" > Federal · Rulings · In force URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_4 ## Section - **Citation:** SSR 70-4 - **Heading:** SSR 70-4: SECTION 204(d)(7). -- UNDERPAYMENT -- PAYMENT TO RESIDUARY LEGATEE OF DECEASED BENEFICIARY'S STATE AS "LEGAL REPRESENTATIVE" - **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 70-4 ## Text 20 CFR 404.503 SSR 70-4 R, a beneficiary, was due widow's benefits in the amount of $538.60 at the time she died, domiciled in Kansas. Under section 204 of the Social Security Act the amount unpaid became an underpayment. Her estate was administered and closed, and the co-executors were discharged. The attorney representing the estate presented a certified copy of the "Journal Entry of Final Settlement" of the estate signed by a county probate court. It showed that R had made specific bequests to four heirs and left the residuary estate entirely to C, who was her grandson and only surviving relative. The estate was sufficient to meet all bequests and expenses. Section 204(d)(7) of the Social Security Act as amended, provides that amounts due a deceased beneficiary under the retirement, survivors, and disability programs will be paid to the "legal representative" if the individual's estate where, as in this case, there is no surviving spouse, child, or parent of the decedent. Since the decedent's legal representatives were discharged before the underpayment was paid, advice has been requested in order to determine whether the underpayment may be paid to C, the sole heir of the residuary estate. The answer to this question depends upon whether C can give the Social Security Administration good acquittance and thus qualify for such underpayment as the "legal representative" of R's estate within the meaning of section 204(d)(7) of the Act. t was paid, advice has been requested in order to determine whether the underpayment may be paid to C, the sole heir of the residuary estate. The answer to this question depends upon whether C can give the Social Security Administration good acquittance and thus qualify for such underpayment as the "legal representative" of R's estate within the meaning of section 204(d)(7) of the Act. A determination as to who constitutes a "legal representative" for purposes of section 204(d)(7) of the Social Security Act does not depend upon whether the payee falls within the strict definition of a "legal representative" or has substantially all of the general powers of an administrator. It is necessary that by payment of the underpayment the Social Security Administration can obtain good acquittance. It is clear that an individual who was named as a residuary legatee by a Kansas probate court pursuant to Kansas Statutes Annotated 59-2249, following formal Administration of a deceased beneficiary's estate, could give good acquittance and may qualify to receive the underpayment. K.S.A. 59-2249 provides in pertinent part as follows: In the present case, the legal representatives of the estate prior to their discharge could have applied for the underpayment. Had they done so, they would have received it and it would have become a part of the decedent's residuary estate and would have passed to C, the residuary legatee. There is no reason to prevent payment to C, the residuary legatee, simply because the legal representatives failed to take timely action. The Administration will receive the same good acquittance by paying the underpayment to the residuary legatee, C, in these circumstances as it would have received had it paid the legal representatives prior to their discharge , the residuary legatee. There is no reason to prevent payment to C, the residuary legatee, simply because the legal representatives failed to take timely action. The Administration will receive the same good acquittance by paying the underpayment to the residuary legatee, C, in these circumstances as it would have received had it paid the legal representatives prior to their discharge. It is accordingly held that C qualifies as the "legal representative" of R's estate within the meaning of section 204 of the Act, and may thus be paid the underpayment of $538.60 which was due R at the time of her 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_4. Check the current official text before relying on it. Not legal advice.