[Code of Federal Regulations]
[Title 31, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 31CFR240.14]

[Page 88]
 
                  TITLE 31--MONEY AND FINANCE: TREASURY
 
         CHAPTER II--FISCAL SERVICE, DEPARTMENT OF THE TREASURY
 
PART 240--INDORSEMENT AND PAYMENT OF CHECKS DRAWN ON THE UNITED STATES TREASURY--Table of Contents
 
Sec. 240.14  Checks issued to deceased payees.

    (a)(1) Classes of checks which may be indorsed by an executor or 
administrator. Checks issued for the classes of payments indicated 
below, the right to which under law does not terminate with the death of 
the payee, when indorsed by an executor or administrator, shall include, 
as part of the indorsement, an indication of the capacity in which the 
executor or administrator is indorsing. An example would be: ``John 
Jones by Mary Jones, executor of the estate of John Jones.'' Such 
checks, when presented for payment by a bank, will be paid by the 
Treasury without the submission of documentary proof of the authority of 
the executor or administrator, with the understanding that evidence of 
such claimed authority to indorse may be required by the Treasury in the 
event of a dispute. The classes of payments to which this subsection 
refers are:
    (i) Payments for the redemption of currencies or for principal or 
interest on U.S. securities;
    (ii) Payments for tax refunds; and
    (iii) Payments for goods and services.
    (2) If an executor has not been appointed, persons claiming as 
owners shall return the checks for appropriate handling to the 
Government agency that certified the payment. If there is doubt as to 
whether the proceeds of the check or checks pass to the estate of the 
deceased payee, the checks shall be handled in accordance with paragraph 
(b) of this section.
    (b) Classes of checks which may not be indorsed by an executor or 
administrator. Checks issued for classes of payment other than those 
specified in paragraph (a) of this section may not be negotiated after 
the death of the payee, but must be returned to the Government agency 
that certified the payment for determination whether, under applicable 
laws, payment is due and to whom it may be made.

[54 FR 35642, Aug. 29, 1989. Redesignated at 67 FR 36518, May 24, 2002]