34:11-4.5. Death of employee
a. In the event of the death of an employee all wages due the deceased employee may, upon proper demand on the employer, be paid, in the absence of actual notice of the pendency of probate proceedings, without requiring letters testamentary or of administration in the following order of preference to decedent's:
(1) surviving spouse,
(2) children 18 years of age and over in equal shares, or to the guardian of children under 18 years of age,
(3) father and mother or survivor,
(4) sisters and brothers,
or to the person who pays the funeral expenses.
b. Payments under subsection a. of this section made after presentation of proof of relationship shall be a release and discharge of the employer to the amount of such payment.
L.1965, c. 173, s. 5.
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