Obtaining an Employee's Last Paycheck without Opening an Estate
T.C.A. 30-2-103 allows an employee to designate who should receive the employee's last paycheck. And if the employee does not designate a beneficiary, then Tennesseee law allows a spouse or children to obtain the deceased employee's last paycheck.
Designate a BeneficiaryAn employee may designate a beneficiary to receive payment for any wages or salary due at the time of the employee's death.
No Beneficiary DesignatedIf the employee is survived by a spouse, then the employer can pay to the employee's spouse up to $10,000 of all outstanding wages or salary owed to the deceased employee. If the deceased employee does not have a surviving spouse, then the money can be paid to the employee's surviving children as tenants in common.
Amount Owed to Deceased Employee Exceeds $10,000If the amount owed to the deceased employee exceeds $10,000, the employer can still pay up to $10,000 to either the surviving spouse or surviving children as set out above, but the amount over $10,000 must be paid to the personal representative or as otherwise ordered by the court.