1. (a) In the event of the death of an employee the wages due the employee by an employer not in excess of $300 may, upon proper demand, be paid in the absence of actual notice of the pendency of probate proceedings without requiring letters testamentary or of administration in the following order of preference to decedent’s:

   1. (1) Surviving children under 21 years of age, to the parent, guardian or other person having custody of such child, in equal shares;
   2. (2) Surviving spouse;
   3. (3) Surviving children 21 years of age and over, in equal shares;
   4. (4) Parents, in equal shares or survivor.
2. (b) Payments under this section shall be a release and discharge of the employer to the amount of such payment.

19 Del. C. 1953, § 1106; 55 Del. Laws, c. 19, § 1; 70 Del. Laws, c. 186, § 1