§ 2715c. — Conservation and disposition of estates.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2715c]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 38--DEPARTMENT OF STATE
Sec. 2715c. Conservation and disposition of estates
(a) Conservation of estates abroad
(1) Authority to act as conservator
Whenever a United States citizen or national dies abroad, a
consular officer shall act as the provisional conservator of the
portion of the decedent's estate located abroad and, subject to
paragraphs (3), (4), and (5), shall--
(A) take possession of the personal effects of the decedent
within his jurisdiction;
(B) inventory and appraise the personal effects of the
decedent, sign the inventory, and annex thereto a certificate as
to the accuracy of the inventory and appraised value of each
article;
(C) when appropriate in the exercise of prudent
administration, collect the debts due to the decedent in the
officer's jurisdiction and pay from the estate the obligations
owed by the decedent;
(D) sell or dispose of, as appropriate, in the exercise of
prudent administration, all perishable items of property;
(E) sell, after reasonable public notice and notice to such
next of kin as can be ascertained with reasonable diligence,
such additional items of property as necessary to provide funds
sufficient to pay the decedent's debts and property taxes in the
country of death, funeral expenses, and other expenses incident
to the disposition of the estate;
(F) upon the expiration of the one-year period beginning on
the date of death (or after such additional period as may be
required for final settlement of the estate), if no claimant
shall have appeared, after reasonable public notice and notice
to such next of kin as can be ascertained with reasonable
diligence, sell or dispose of the residue of the personal
estate, except as provided in subparagraph (G), in the same
manner as United States Government-owned foreign excess
property;
(G) transmit to the custody of the Secretary of State in
Washington, D.C. the proceeds of any sales, together with all
financial instruments (including bonds, shares of stock, and
notes of indebtedness), jewelry, heirlooms, and other articles
of obvious sentimental value, to be held in trust for the legal
claimant; and
(H) in the event that the decedent's estate includes an
interest in real property located within the jurisdiction of the
officer and such interest does not devolve by the applicable
laws of intestate succession or otherwise, provide for title to
the property to be conveyed to the Government of the United
States unless the Secretary declines to accept such conveyance.
(2) Authority to act as administrator
Subject to paragraphs (3) and (4), a consular officer may act as
administrator of an estate in exceptional circumstances if expressly
authorized to do so by the Secretary of State.
(3) Exceptions
The responsibilities described in paragraphs (1) and (2) may not
be performed to the extent that the decedent has left or there is
otherwise appointed, in the country where the death occurred or
where the decedent was domiciled, a legal representative, partner in
trade, or trustee appointed to take care of his personal estate. If
the decedent's legal representative shall appear at any time prior
to transmission of the estate to the Secretary and demand the
proceeds and effects being held by the consular officer, the officer
shall deliver them to the representative after having collected any
prescribed fee for the services performed under this section.
(4) Additional requirement
In addition to being subject to the limitations in paragraph
(3), the responsibilities described in paragraphs (1) and (2) may
not be performed unless--
(A) authorized by treaty provisions or permitted by the laws
or authorities of the country wherein the death occurs, or the
decedent is domiciled; or
(B) permitted by established usage in that country.
(5) Statutory construction
Nothing in this section supersedes or otherwise affects the
authority of any military commander under title 10 with respect to
the person or property of any decedent who died while under a
military command or jurisdiction or the authority of the Peace Corps
with respect to a Peace Corps volunteer or the volunteer's property.
(b) Disposition of estates by the Secretary of State
(1) Personal estates
(A) In general
After receipt of a personal estate pursuant to subsection
(a) of this section, the Secretary may seek payment of all
outstanding debts to the estate as they become due, may receive
any balances due on such estate, may endorse all checks, bills
of exchange, promissory notes, and other instruments of
indebtedness payable to the estate for the benefit thereof, and
may take such other action as is reasonably necessary for the
conservation of the estate.
(B) Disposition as surplus United States property
If, upon the expiration of a period of 5 fiscal years
beginning on October 1 after a consular officer takes possession
of a personal estate under subsection (a) of this section, no
legal claimant for such estate has appeared, title to the estate
shall be conveyed to the United States, the property in the
estate shall be under the custody of the Department of State,
and the Secretary shall dispose of the estate in the same manner
as surplus United States Government-owned property is disposed
or by such means as may be appropriate in light of the nature
and value of the property involved. The expenses of sales shall
be paid from the estate, and any lawful claim received
thereafter shall be payable to the extent of the value of the
net proceeds of the estate as a refund from the appropriate
Treasury appropriations account.
(C) Transfer of proceeds
The net cash estate after disposition as provided in
subparagraph (B) shall be transferred to the miscellaneous
receipts account of the Treasury of the United States.
(2) Real property
(A) Designation as excess property
In the event that title to real property is conveyed to the
Government of the United States pursuant to subsection (a)(1)(H)
of this section and is not required by the Department of State,
such property shall be considered foreign excess property under
title IV of the Federal Property and Administrative Services Act
of 1949.\1\
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\1\ See References in Text note below.
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(B) Treatment as gift
In the event that the Department requires such property, the
Secretary of State shall treat such property as if it were an
unconditional gift accepted on behalf of the Department of State
under section 2697 of this title and section 300(a)(3) of this
title.
(c) Losses in connection with the conservation of estates
(1) Authority to compensate
The Secretary is authorized to compensate the estate of any
United States citizen who has died overseas for property--
(A) the conservation of which has been undertaken under
section 2715 of this title or subsection (a) of this section;
and
(B) that has been lost, stolen, or destroyed while in the
custody of officers or employees of the Department of State.
(2) Liability
(A) Exclusion of personal liability after provision of
compensation
Any such compensation shall be in lieu of personal liability
of officers or employees of the Department of State.
(B) Liability to the Department
An officer or employee of the Department of State may be
liable to the Department of State to the extent of any
compensation provided under paragraph (1).
(C) Determinations of liability
The liability of any officer or employee of the Department
of State to the Department for any payment made under subsection
(a) of this section shall be determined pursuant to the
Department's procedures for determining accountability for
United States Government property.
(d) Regulations
The Secretary of State may prescribe such regulations as may be
necessary to carry out this section.
(Aug. 1, 1956, ch. 841, title I, Sec. 43B, as added Pub. L. 106-113,
div. B, Sec. 1000(a)(7) [div. A, title II, Sec. 234(b)], Nov. 29, 1999,
113 Stat. 1536, 1501A-427.)
References in Text
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (b)(2)(A), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. Title IV of the Act, which was classified
generally to subchapter III (Sec. 511 et seq.) of chapter 10 of former
Title 40, Public Buildings, Property, and Works, was repealed and
reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat.
1062, 1304, as chapter 7 (Sec. 701 et seq.) of Title 40, Public
Buildings, Property, and Works.
Effective Date
Section effective six months after Nov. 29, 1999, see section
1000(a)(7) [title II, Sec. 234(c)] of Pub. L. 106-113, set out as a note
under section 2715b of this title.
Section Referred to in Other Sections
This section is referred to in section 2715 of this title.
