State

Wages Owed, Who to Pay 

Alabama 

All unpaid wages are to be paid to surviving spouse or custodian of minor children. 

Alaska 

No Provision 

Arizona 

Maximum allowable single payment is $5,000 to the surviving spouse, and an affidavit proving employee's death is necessary before payment. 

Arkansas 

No Provision 

California 

Maximum allowable single payment is $5,000 to the surviving spouse or conservator, and an affidavit of right and proof of identity is required. 

Colorado 

All unpaid wages are to be paid to the deceased's personal representative. 

Connecticut 

Maximum allowable single payment is $20,000, paid to the surviving spouse. If no spouse, then next of kin. If no next of kin, then the payment goes to funeral director, physician, or other creditors owed. 

Delaware 

Maximum allowable single payment is $300 to children of the deceased. If children are under 21, the payment is made to the spouse or custodian or to the deceased parents. 

District of Columbia 

No Provision 

Florida 

$300 first to the spouse, then to children over 18, then parents, in that order. 

Georgia 

Maximum allowable single payment is $2,500 to a designated beneficiary, or if none, to the spouse or children's guardian who is not involved in the administration of the estate. 

Hawaii 

Maximum allowable single payment is $2,000 to the surviving spouse or adult child, payable within 30 days of death, whether or not a personal representative has been appointed. 

Idaho 

No Provision 

Illinois 

All wages owed can be paid first to the person owed funeral expenses, then to spouse or child. 

Indiana 

All wages owed can be paid to the spouse; if none, other distributees 

Iowa 

No Provision 

Kansas 

All wages owed can be paid first to the spouse; if none, to children 18 or older, then to siblings, or, finally, the funeral director. 

Kentucky 

All wages owed can be paid to the spouse or, if no spouse, to the guardian of any minor children. 

Louisiana 

Maximum allowable single payment is $6,000, including sick leave, annual leave or other benefit balances, payable to the spouse (as long as there is not a filed divorce proceeding) or, if no spouse, to adult children. 

Maine 

No Provision 

Maryland 

No Provision 

Massachusetts 

Maximum allowable single payment is $100, payable to first the spouse, or, if no spouse, adult children, then to parents, so long as there is no employer debt after 30 days. Payment can be made with no notice of probate, demand of payment, or will. 

Michigan 

All wages owed can be paid to the spouse, or, if no spouse, to children, then to parents, then to siblings, unless there otherwise is a signed designee by deceased. 

Minnesota 

Maximum allowable single payment is $10,000, payable to the spouse. 

Mississippi 

All wages owed can be paid to the spouse, or, if no spouse, then to adult children, then to the deceased's mother, father, any adult siblings, and finally, the clerk of court where the deceased resided. 

Missouri 

No Provision 

Montana 

No Provision 

Nebraska 

No Provision 

Nevada 

All wages owed can be paid first to the spouse or, if no spouse, to any distributee. 

New Hampshire 

Maximum allowable single payment is $500, payable to the spouse. 

New Jersey 

All wages owed can be paid first to the spouse, then to children 18 or older, or to guardian of minor children, then to parents, siblings or, finally, to person(s) paying for funeral expenses. 

New Mexico 

All wages owed can be paid to the surviving spouse. 

New York 

Maximum allowable single payment is $30,000 immediately after death; after 30 days, $15,000; $5,000 after 6 months of date of death. Payments first go to designated beneficiary or spouse, then to children 18 or older, then to parents, siblings, nieces or nephews, then to persons paying for funeral expenses, and finally, to creditors. 

North Carolina 

No Provision 

North Dakota 

All wages owed are paid to the surviving spouse or next eligible heir. 

Ohio 

Maximum allowable single payment is $2,500, payable to first to the surviving spouse, then to any adult children, or finally, to any parents. 

Oklahoma 

Maximum allowable single payment is $3,000, payable to the designated beneficiary, or surviving spouse, or, if no spouse, to dependent children or their guardians. 

Oregon 

Maximum allowable single payment is $10,000 payable first to any surviving spouse, then to dependent children or their guardians. 

Pennsylvania 

Maximum allowable single payment is $5,000, payable first to any spouse, then to any children, parents, or finally, any siblings. 

Rhode Island 

Maximum allowable single payment is $150, payable first to any spouse, then to any adult children, parents, siblings, or finally, to person(s) paying funeral expenses. 

South Carolina 

No Provision 

South Dakota 

No Provision 

Tennessee 

Maximum allowable single payment is $10,000, payable to the sesignated beneficiary; if none, then to surviving spouse, or finally, any children. 

Texas 

No Provision 

Utah 

All wages owed are payable to whomever would be the recipient of the estate. 

Vermont 

No Provision 

Virginia 

Maximum allowable single payment is $15,000, payable first to any spouse; if none, then to the designated distributees. 

Washington 

Maximum allowable single payment is $10,000, payable first to any spouse, then to any children, or, finally, to surviving parents. 

West Virginia 

Maximum allowable single payment is $800, or, after 120 days, $1,000, payable to the surviving spouse, any adult children, then to any siblings, or finally, to person(s) paying funeral expenses. 

Wisconsin 

All wages owed are payable to the spouse, then to children who were dependent and lived with deceased before death, then to other children, then to parents, and to siblings. Payment is to be made at least 5 days after death. 

Wyoming 

No Provision