Title 38Veterans' BenefitsRelease 119-73

§8501 Vesting of property left by decedents

Title 38 › Part PART VI— - ACQUISITION AND DISPOSITION OF PROPERTY › Chapter CHAPTER 85— - DISPOSITION OF DECEASED VETERANS’ PERSONAL PROPERTY › Subchapter SUBCHAPTER I— - PROPERTY LEFT ON DEPARTMENT FACILITY › § 8501

Last updated Apr 6, 2026|Official source

Summary

Personal belongings left on a Department facility that is under U.S. control inside a State or territory must go to the people the law says. If the person who died left a will that a court in their home or the State where the facility is approved, the items go to whoever the will names. If there is no such approved will, the items go to the heirs under the law of the State or territory where the person lived. This does not apply when the United States keeps the property unless the United States gives up its claim. A U.S. officer or employee holding the items may hand them to a legally appointed executor or administrator from either court, or to the administrator from the person’s home State who asks for them. After that delivery, the United States and its workers are not responsible for the property.

Full Legal Text

Title 38, §8501

Veterans' Benefits — Source: USLM XML via OLRC

(a)Personal property left by any decedent upon premises used as a Department facility, which premises are subject to the exclusive legislative jurisdiction of the United States and are within the exterior boundaries of any State or dependency of the United States, shall vest and be disposed of as provided in this subchapter, except that—
(1)if such person died leaving a last will and testament probated under the laws of the place of such person’s domicile or under the laws of the State or dependency of the United States within the exterior boundaries of which such premises or a part thereof may be, the personal property of such decedent situated upon such premises shall vest in the person or persons entitled thereto under the provisions of such last will and testament; and
(2)if such person died leaving any such property not disposed of by a last will and testament probated in accord with the provisions of paragraph (1) such property shall vest in the persons entitled to take such property by inheritance under and upon the conditions provided by the law of the decedent’s domicile. This paragraph shall not apply to property to which the United States is entitled except where such title is divested out of the United States.
(b)Any officer or employee of the United States in possession of any such property may deliver same to the executor (or the administrator with will annexed) who shall have qualified in either jurisdiction as provided in subsection (a)(1); or if none such then to the domiciliary administrator or to any other qualified administrator who shall demand such property. When delivery shall have been made to any such executor or administrator in accordance with this subsection, neither the United States nor any officer or employee thereof shall be liable therefor.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–40 renumbered section 5201 of this title as this section. Subsec. (a). Pub. L. 102–83 substituted “Department” for “Veterans’ Administration” in introductory provisions. 1986—Subsec. (a)(1). Pub. L. 99–576 substituted “such person’s” for “his”.

Reference

Citations & Metadata

Citation

38 U.S.C. § 8501

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73