Return of Revenues Upon Death of Member

  1. Law
  2. Georgia Code
  3. Public Utilities and Public Transportation
  4. Electrical Service
  5. Electric Membership Corporations and Foreign Electric Cooperatives
  6. Operation of Electric Membership Corporations Generally
  7. Return of Revenues Upon Death of Member

Checkout our iOS App for a better way to browser and research.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

(Ga. L. 1971, p. 760, § 1; Code 1933, § 34C-802, enacted by Ga. L. 1981, p. 1587, § 1.)


Download our app to see the most-to-date content.