Title 53, Chapter 1, Section 6
( 53-1-6)
(a) In any case in which the United States Department of the
Treasury or the Department of Revenue of this state determines that
there exists an overpayment of federal or state income tax and the
person in whose favor the overpayment is determined to exist is
deceased at the time the overpayment is to be refunded, the amount
of the overpayment, if not in excess of $2,500.00, shall be the sole
and separate property of the decedent's surviving spouse, if any,
irrespective of whether the decedent had filed a joint or separate
income tax return. (b) The refund of the overpayment directly to the surviving spouse
as provided in subsection (a) of this Code section shall operate as
a complete acquittal and discharge to the payor, whether the United
States or this state, of liability from any action, claim, or demand
of whatever nature by any heir, beneficiary, creditor of the
decedent, or other person. (c) Refunds are authorized to be made as provided in this Code
section without the necessity of administration of the estate of the
decedent, without the necessity of obtaining an order that no
administration is necessary, and without the necessity of appointing
a personal representative for the surviving spouse, notwithstanding
any other law to the contrary. |