Title 46, Chapter 3, Section 341
( 46-3-341)
(a) Unless the bylaws otherwise provide, upon the death of a member
or former member who is a natural person, the board of directors
shall have authority, but shall not be required, to pay revenues
allocated but not previously paid to that member or former member. (b) If the member or former member dies testate, such payments shall
be made to the person who is the executor of the estate of the
decedent at the time of the payment. (c) If the member or former member dies intestate and the electric
membership corporation is provided a copy of letters of
administration for the estate of the decedent, such payments shall
be made to the administrator of the estate named therein. (d) If the member or former member dies intestate and the electric
membership corporation is not provided a copy of letters of
administration of the estate of the deceased and such payment is
$2,500.00 or less, such payment shall be made to the persons listed
below and according to the priority indicated: (1) To the surviving spouse of the decedent; (2) If no surviving spouse, then to the surviving children of the
decedent, pro rata; (3) If no surviving children, then to the surviving mother and
father of the decedent, pro rata; (4) If no surviving parent, then to the surviving brothers and
sisters of the decedent, pro rata. (e) If the member or former member dies intestate and the electric
membership corporation is not provided a copy of the letters of
administration and such payment is greater than $2,500.00, such
payment shall be made to the person entitled thereto under the laws
of descent and distribution of this state. (f) Payment to the persons listed in subsections (b) through (e) of
this Code section shall operate as a complete acquittal and
discharge to the electric membership corporation from any action,
claim, or demand of whatever nature for the amount so paid by any
heir, distributee, or creditor of the decedent or any other person.
Payment to such persons is authorized to be made as provided in
subsections (d) and (e) of this Code section without the
administration of the estate of the decedent and without the
necessity of obtaining an order that no administration is necessary. |