If an employee dies, then the surviving spouse or guardian or conservator of the estate of the surviving spouse may immediately collect salary or other compensation owed by an employer to the deceased worker without the need for authorization or approval by a court. This includes unused paid vacation or paid time off.
The surviving spouse or guardian or conservator of the estate of the surviving spouse need only provide reasonable proof of identity and a declaration under penalty of perjury containing the information satisfying the listed requirements under Probate Code section 13601. If the employer refuses to pay, then the surviving spouse may file a lawsuit against the employer to obtain the amount the surviving spouse is entitled to. Also, the court must award reasonable attorney’s fees to the surviving spouse if the court determines that the employer acted unreasonably when the employer refused to pay.
The maximum net wages a surviving spouse may obtain under these procedures is currently $18,625.00 net. By law, that amount should be adjusted upward periodically every three years by the Judicial Council based on the United States city average of the Consumer Price Index. The next scheduled adjustment does not occur until April 1, 2025. The Judicial Council publishes the current maximum net amount on its form DE-300.
(See Link(s): Probate Code Section 890, 13600-13606)