RELEASE OF WARRANTS TO DESIGNEE - 8477.25
Upon the death of an employee for which the agency/department has on file an unrevoked Designation of Person(s) Authorized to Receive Warrants, STD. 243, the agency/department will immediately do the following:
- Initiate a "stop request" with the State Controller's Audits Division (SAM section 8422.6) for any requested warrants payable to the deceased employee and request that these warrants be delivered to the agency/department.
- Initiate reasonable efforts to contact the designee to deliver the warrants due to the deceased employee to the designee.
Warrants will be released to a designee only if an unrevoked designation, STD. 243, is on file with the agency/department and in accordance with the designation. Agencies/departments will not release warrants to a purported designee based on an STD. 243 presented by the designee, which the agency/department does not have in its official files.
Warrants due to a deceased employee can be released only to a designee or claimant who is 18 years of age or older.
Warrants requested from the State Controller’s Office (SCO) for amounts due to a deceased employee which are to be released to a designee, will name the deceased employee as payee. For amounts owed an employee from the agency/department revolving fund, agencies/departments must submit a claim to the SCO and pay by warrant.
Agencies/departments may release warrants payable to a deceased employee under the following circumstances:
- To the designee, if designee is located within 60 days following the death of the employee and if no other claim or request for delivery of these warrants is made orally or in writing to the agency/department.
- To a proper claimant under the provisions of the Probate Code (SAM section 8477.32) if the agency/department is unable to locate the individual designated by the employee within 60 days following the death of the employee or if the employee did not designate an individual to receive the warrants.
- To the designee or another claimant if the individual designated by the deceased employee to receive the employee's warrants is located within the required 60-day period but another individual orally or in writing also has requested the warrants under the provisions of the Probate Code (SAM section 8477.32) provided either the designee or the other claimant agrees to this release of the warrants to the other individual by signing the following statement:
CONSENT AND WAIVER
I hereby consent to the delivery of California State Controller's Warrant(s) numbered to (Recipient), and I hereby waive and release any and all of my right, title, and interest in and to said warrant(s).
(Witness) ________________________ Address)________________________
This signed statement will be retained by the state agency/department and filed in the deceased employee's personnel folder. Under all other circumstances, warrants due to a deceased employee will be released only upon receipt of instructions from the agency's/department's attorney or the Office of the Attorney General.
Warrants of a deceased employee will be released to the designee only upon receipt by the agency/department of a completed Request for Delivery of Warrants of a Deceased Employee. (See SAM section 8477.25 Illustration.) This form is not available from the Department of General Services, Procurement Division and will be typed by the agency/department as needed. If the request is signed in person by the designee at the agency's/department's office, the request will be typed in duplicate by the agency/department as shown in 8477.25 Illustration. If the request is not signed in person by the designee at the agency's/department's office, the request will be typed by the agency/department as shown except that the following notary public's acknowledgment will be typed on the form in lieu of the "DESCRIPTION OF IDENTIFICATION OF DESIGNEE" section of the form:
CERTIFICATE OF ACKNOWLEDGMENT
State of )
County of )
On this day of , before me, the undersigned notary public, personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he (she) executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year last above written.
Notary Public in and for the (City and)
(NOTARIAL SEAL) of , State of
All spaces provided on the Request for Delivery of Warrants of Deceased Employee form must be completed. The original completed and signed copy of the form will be retained by the agency/department in the deceased employee's personnel file as the agency's record of and authority for release of the warrants. The duplicate copy of the form may be given to the designee.
Upon the release of warrants to the designee, the agency/department will note on the request for delivery of warrants form the dates, numbers, and amounts of the warrants released.