Surrogate’s Court Procedure Act (Section 1310)
The New York State Surrogate’s Court Procedure Act (Section 1310) allows the surviving spouse and certain relatives of a deceased person to collect a benefit without court administration. This Act (Section 1310) does not apply to every situation. Please note the following instructions below.
- You must indicate if an Administrator, Executor, or other Fiduciary has been appointed and if you are collecting the benefit pursuant to New York State Small Estate law.
- You must provide your contact information, including your relationship to the deceased.
- If an Administrator, Executor, or other Fiduciary has not been appointed, you will be asked to list all individuals with an equal or higher qualifying relationship to the deceased member on the Beneficiary Information or Qualifying Relationships screen; you can do this by clicking "Add Relationships."
All individuals with an equal or higher qualifying relationship than the person or organization filing this claim must be listed in the Beneficiary Information or Qualifying Relationships section, and must submit a Release of Claim Form under Section 1310 (code DB28) to TRS before the claimant can receive this benefit; no funds will be released until these forms are filed by all applicable individuals. (Note: The person or organization filing this claim must submit a death certificate for any individual(s) listed in the Beneficiary Information or Qualifying Relationships screen who dies without submitting the required Release of Claim Form under Section 1310.)
- Click the "Finish" button when all of your qualifying relationships information has been entered.
Rules for Claiming a Benefit
Please note the following rules for claiming a benefit under the New York State Surrogate’s Court Procedure Act (Section 1310).
- Only ONE individual can receive a benefit under Section 1310. The recipient of this benefit will be determined by the below order of qualifying relationship to the deceased TRS member:
- First—Surviving spouse;
- Second—Child who is at least 18 years old;
- Third—Father or mother;
- Fourth—Brother or sister;
- Fifth—Niece or nephew; or
- Sixth—Creditor (or a person who has incurred the decedent's funeral expenses).
- The individual with the highest qualifying relationship must submit this claim to receive the TRS death benefit. If there are two or more members in a relationship category (e.g., siblings), TRS will recognize the filer of this claim as the recipient of this benefit.
- If the claimant is the surviving spouse: The payment of the TRS death benefit, plus any other payments made under Section 1310 by all debtors known to the decedent, cannot exceed $30,000. (The surviving spouse does not have to wait 30 days before claiming a benefit.)
- If the claimant is someone other than the surviving spouse and 30 days have passed since the date of death: The payment of the TRS death benefit, plus any other payments under Section 1310 by all debtors known to the decedent, cannot exceed $15,000.
- If the claimant is the creditor who incurred the decedent's funeral expenses at the request of a surviving spouse or relative and 30 days have passed since the date of death: The payment of the TRS death benefit, plus any other payments made under Section 1310 cannot exceed $15,000.
- If the claimant is the creditor who incurred the decedent’s funeral expenses and was not asked to do so by the surviving spouse or one of the decedent’s relatives and six months have passed since the date of death: The payment of the TRS death benefit, plus any other payments made under Section 1310, cannot exceed $5,000.
Documentation Required for Claiming a Benefit
- For a non-probated estate claim (small estate), the name, and Social Security number (SSN) entered must match the information on the Internal Revenue Service (IRS) tax documents.
- For a probated estate claim (big estate), the estate name and estate Tax ID entered must match the information on the Internal Revenue Service (IRS) tax documents.
- The system will check this information after you click “Verify.” If the estate name and estate Tax ID entered do not match IRS records, the system will prompt you to re-enter the information for verification.
- If the information cannot be verified, you must provide verifying documentation using the Upload screen later in the claim process. The upload screen contains a dropdown list of acceptable forms of proof for name and/or SSN/Tax ID as follows:
- For a non-probated estate (small estate): A Social Security card, birth certificate, naturalization document, passport, IRS letter/document, and court order.
- For a probated estate (big estate): A copy of the letter establishing the estate, and/or the Tax ID for the estate.
- If the verification system is unavailable, you can still file and verify the information by clicking “Retry Verification” under the Actions Required section.
- Click “Finish” to continue the claim.