5 CFR § 1651.8 - Participant's estate.

---
identifier: "/us/cfr/t5/s1651.8"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 1651.8 - Participant's estate."
title_number: 5
title_name: "Administrative Personnel"
section_number: "1651.8"
section_name: "Participant's estate."
chapter_name: "FEDERAL RETIREMENT THRIFT INVESTMENT BOARD"
part_number: "1651"
part_name: "DEATH BENEFITS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 8424(d), 8432d, 8432(j), 8433(e), 8435(c)(2), 8474(b)(5) and 8474(c)(1)."
regulatory_source: "62 FR 32429, June 13, 1997, unless otherwise noted."
cfr_part: "1651"
---


# 1651.8 Participant's estate.

If the account is to be paid to the duly appointed executor or administrator of the participant's estate under § 1651.2(a)(5), the following rules apply:

(a) *Appointment by court.* The executor or administrator must provide documentation of court appointment.

(b) *Appointment by operation of law.* If state law provides procedures for handling small estates, the TSP record keeper will accept the person authorized to dispose of the assets of the deceased participant under those procedures as a duly appointed executor or administrator. Documentation which demonstrates that the person is properly authorized under state law must be submitted to the TSP record keeper.

[62 FR 32429, June 13, 1997, as amended at 87 FR 31686, May 24, 2022]