Title 38 — Veterans' BenefitsRelease 119-73
§8521 Presumption of contract for disposition of personalty
Title 38 › Part PART VI— - ACQUISITION AND DISPOSITION OF PROPERTY › Chapter CHAPTER 85— - DISPOSITION OF DECEASED VETERANS’ PERSONAL PROPERTY › Subchapter SUBCHAPTER II— - DEATH WHILE PATIENT OF DEPARTMENT FACILITY › § 8521
Summary
When a veteran or a dependent/survivor under 1781(b) dies in a VA facility with no spouse, next of kin, heirs, or will, that death counts as final proof of a contract to dispose of property in section 8520 under this subchapter.
Full Legal Text
Title 38, §8521
Veterans' Benefits — Source: USLM XML via OLRC
The fact of death of a veteran (admitted as such), or a dependent or survivor of a veteran receiving care under the penultimate sentence of section 1781(b) of this title, in a facility or hospital, while being furnished care or treatment therein by the Department, leaving no spouse, next of kin, or heirs, shall give rise to a conclusive presumption of a valid contract for the disposition in accordance with this subchapter, but subject to its conditions, of all property described in section 8520 of this title owned by said decedent at death and as to which such person dies intestate.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2002—Pub. L. 107–135 substituted “the penultimate sentence of section 1781(b)” for “the last sentence of section 1713(b)”. 1991—Pub. L. 102–40 renumbered section 5221 of this title as this section and substituted “8520” for “5220”. Pub. L. 102–83 substituted “1713(b)” for “613(b)” and “Department” for “Veterans’ Administration”. 1986—Pub. L. 99–576 substituted “such person” for “he”. 1976—Pub. L. 94–581 inserted “, or a dependent or survivor of a veteran receiving care under the last sentence of section 613(b) of this title,” after “(admitted as such)”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1976 AmendmentAmendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
Reference
Citations & Metadata
Citation
38 U.S.C. § 8521
Title 38 — Veterans' Benefits
Last Updated
Apr 6, 2026
Release point: 119-73