(a) Sections 190 and 191 of Title 56 of the Oklahoma Statutes (56 O.S. §§ 190 and 191) provides for payments to the estate of a deceased client.  If the client dies before the warrant is endorsed or presented for payment, the next of kin, next friend, or other reputable person must obtain a court order from the district court authorizing and directing such person to endorse the warrant before it can be cashed.  No costs may be charged for court proceedings.

• (1) The next of kin, next friend, or other reputable person requesting an endorsement of the warrant(s) due the deceased recipient may file an affidavit directly with the district court stating the name of the recipient, the date of his or her death, and the amount and number of warrants.  The next of kin, next friend, or other reputable person may or may not have possession of the warrant(s).
• (2) The next of kin, next friend, or other reputable person may also present unendorsed warrants to the local human services center (HSC) and request assistance in cashing them.
  • (A) The county director prepares Form 08MP023E, Notice to County Judge Regarding Deceased Recipient, and sends the original to the district judge and a copy to the Finance Division.
  • (B) Prior to completing this form, HSC staff must confirm the date of death of the recipient in order to establish eligibility for this payment.  The warrant may be cashed only if the recipient was alive on the first day of the month for which the warrant was issued.  • 1
  • (C) The first day of the month is considered to begin at 12:00 midnight.

(b) The district judge or his or her associate is responsible for determining whether to issue a court order based on the information presented.  If applicable, a court order is made authorizing and directing the next of kin, next friend, or other reputable person to endorse the warrant and cash it without the signature of an administrator.  The order covers all points set out as requirements in the law.

(c) In lieu of a court order, the district judge or his or her associate may make a notation directly on the warrant itself, specifying the name of the person authorized to endorse it.

(d) When the unendorsed warrant is returned to the Finance Division, it is only sent to the next of kin, next friend, or other reputable person after Finance Division staff receives the original of the court order with that person's address included.  • 2  Upon receipt of the judge's order and determination that its issuance conforms to the facts and the law, Finance Division staff mails the warrant directly to the person authorized to endorse it.  The Director of the Oklahoma Department of Human Services handles any question regarding a refusal to release the warrant.