38 USC § 5122 - Cancellation of checks mailed to deceased payees

---
identifier: "/us/usc/t38/s5122"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 5122 - Cancellation of checks mailed to deceased payees"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "5122"
section_name: "Cancellation of checks mailed to deceased payees"
chapter_number: 51
chapter_name: "CLAIMS, EFFECTIVE DATES, AND PAYMENTS"
subchapter_number: "III"
subchapter_name: "PAYMENT OF BENEFITS"
part_number: "IV"
part_name: "GENERAL ADMINISTRATIVE PROVISIONS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1229, § 3022; Pub. L. 99–576, title VII, § 701(67), Oct. 28, 1986, 100 Stat. 3296; renumbered § 5122 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 104–316, title II, § 202(t), Oct. 19, 1996, 110 Stat. 3845.)"
---


# § 5122. Cancellation of checks mailed to deceased payees

section 5121 of this titlesection 5121(c) of this titlesection 5121 of this title

A check received by a payee in payment of accrued benefits shall, if the payee died on or after the last day of the period covered by the check, be returned to the issuing office and canceled, unless negotiated by the payee or the duly appointed representative of the payee’s estate. The amount represented by such check, or any amount recovered by reason of improper negotiation of any such check, shall be payable in the manner provided in , without regard to . Any amount not paid in the manner provided in  shall be paid to the estate of the deceased payee unless the estate will escheat.

---

**Source Credit**: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1229, § 3022; Pub. L. 99–576, title VII, § 701(67), Oct. 28, 1986, 100 Stat. 3296; renumbered § 5122 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 104–316, title II, § 202(t), Oct. 19, 1996, 110 Stat. 3845.)

## Editorial Notes

### Amendments

1996— in last sentence struck out “upon settlement by the General Accounting Office” after “shall be paid”.

1991— renumbered  as this section and substituted “5121” for “3021” in two places and “5121(c)” for “3021(c)”.

1986— substituted “the payee’s” for “his” in first sentence.