2005 West Virginia Code - §44-1-28. — Payment of small sums due employees to distributees of decedents upon whose estates there have been no qualifications.

§44-1-28. Payment of small sums due employees to distributees of decedents upon whose estates there have been no qualifications.

(a) When there is due from the State of West Virginia, any of its political subdivisions, the United States, or any employer, as pension or money allowed for burial expenses, or money, wages or salary due from any employer to a deceased employee, upon whose estate there has been no qualification, a sum of not exceeding one thousand dollars, it shall be lawful for the State of West Virginia, any of its political subdivisions, the United States, or such employer, after one hundred and twenty days from the death of said person to whom such money is due, to pay said sum to his or her surviving consort, if any; if none such, then to the distributees of the said decedent under the laws of the State of West Virginia, whose receipt therefor shall be a full discharge and acquittance to all persons whomsoever on account of such sum.
(b) When the State Treasurer holds property in accordance with article eight, chapter thirty-six of this code on behalf of a decedent whose estate has no qualification or is closed and the amount of the property is five thousand dollars or less, the Treasurer may remit the property to the surviving spouse of the decedent, if any; and if no spouse survives the decedent, then to the distributees of the decedent under the laws of the State of West Virginia. Payment in accordance with this section is in full discharge and acquittance to all persons whomsoever on account of the property.

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