Upon the death of an ASCAP member, his or her membership may be passed on to a spouse, loved one or anyone the member chooses. Such persons who receive a membership interest are called "successor members." Moreover, so long as the original member's copyrights continue, when a successor member dies or multiple successor members die, further successors may be appointed.
It is up to the deceased member to decide by will and other estate planning measures to whom the membership will pass; otherwise, the state law of intestacy will make that determination. Unless the deceased member decided how his or her membership should pass following the death of successor members, the successor members may also have to confront similar estate planning issues. We would urge ASCAP members and successor members to familiarize themselves with the choices available to them so that their wishes will be respected when they pass on.
Even if the deceased songwriter, lyricist or composer was not an ASCAP member at the time of his or her death, the deceased may be elected to membership after death by "posthumous application" and then have one or more successors appointed to that membership. A posthumous application to become a publisher member may also be filed on the deceased's behalf.
The applications described below are for use in appointing successor ASCAP members under the circumstances indicated.
- Once the application that applies to your circumstances has been completed, you will need to return it along with the documents requested in the application to ASCAP's Estates & Claims Department. Our address, telephone and fax numbers are on the applications. We will send you an acknowledgement to let you know that we have received your completed application and whether we have accepted it for processing or if any-thing else is needed.
- In order to best assist you, it will help us greatly if you take the time to submit a fully completed application which should include a copy of the deceased's will, trust or other estate planning documents and any other documents that may be needed to respond to the questions in the application.
Application for Successor Appointment for a Deceased Member
- Use this form if the deceased was an owner of a publisher membership, but was not an ASCAP writer member as well.
- If the deceased owner was also an ASCAP writer member, use the Application for a Successor Appointment for a Deceased Writer Member (see above)
For further information
contact us here, or call 212.621.6280 and ask for the Estates and Claims Department.