PRIA, Government Policy, Made Personal

Summary

When a person under military law dies at an Army post, or when a resident of the Armed Forces Retirement Home dies in an Army hospital after being sent there, the commanding officer must let the legal representative or the surviving spouse (if present) take any belongings that are at the camp or quarters. If no representative or spouse is there, the commanding officer must order a summary court-martial (a small military court) to collect those items. The court can collect debts owed to the estate, pay undisputed local creditors from estate money it holds, and must keep receipts for its final report to the Department of the Army. The court must then, as soon as possible, send the effects and money at U.S. expense to the highest living person it can find in this order: surviving spouse or legal representative; child; parent; brother or sister; next‑of‑kin; or a will beneficiary. If no one on that list can be found or addresses are not known, the court may sell the items (except keepsakes like sabers, insignia, decorations, medals, watches, trinkets, manuscripts, and similar items) but not before 30 days after death. After sale, the court must deposit the cash with the officer named in regulations and send a receipt, any will or valuable papers, an inventory, and unsold keepsakes to the executive part of the Department of the Army, which will deliver items to the Armed Forces Retirement Home.

Title 10, §7712

Armed Forces, Source: USLM XML via OLRC

(a)Upon the death of—

(1)a person subject to military law at a place or command under the jurisdiction of the Army; or

(2)a resident of the Armed Forces Retirement Home who dies in an Army hospital outside the District of Columbia when sent from the Home to that hospital for treatment;

the commanding officer of the place or command shall permit the legal representative or the surviving spouse of the deceased, if present, to take possession of the effects of the deceased that are then in camp or quarters.

(b)If there is no legal representative or surviving spouse present, the commanding officer shall direct a summary court-martial to collect the effects of the deceased that are then in camp or quarters.

(c)The summary court-martial may collect debts due the decedent’s estate by local debtors, pay undisputed local creditors of the deceased to the extent permitted by money of the deceased in the court’s possession, and shall take receipts for those payments, to be filed with the court’s final report to the Department of the Army.

(d)As soon as practicable after the collection of the effects and money of the deceased, the summary court-martial shall send them at the expense of the United States to the living person highest on the following list who can be found by the court:

(1)The surviving spouse or legal representative.

(2)A child of the deceased.

(3)A parent of the deceased.

(4)A brother or sister of the deceased.

(5)The next-of-kin of the deceased.

(6)A beneficiary named in the will of the deceased.

(e)If the summary court-martial cannot dispose of the effects under subsection (d) because there are no persons in those categories or because the court finds that the addresses of the persons are not known or readily ascertainable, the court may convert the effects of the deceased, except sabers, insignia, decorations, medals, watches, trinkets, manuscripts, and other articles valuable chiefly as keepsakes, into cash, by public or private sale, but not until 30 days after the date of death of the deceased.

(f)As soon as practicable after the effects have been converted into cash under subsection (e), the summary court-martial shall deposit all cash in the court’s possession and belonging to the estate with the officer designated in regulations, and shall send a receipt therefor, together with any will or other papers of value, an inventory of the effects, and articles not permitted to be sold, to the executive part of the Department of the Army. The Secretary of the Army shall deliver to the Armed Forces Retirement Home all items received by the executive part of the Department of the Army under this subsection.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 4712(a) 4712(b)5:150j (words before 1st semicolon of 1st par.; and last par.).5:150j (22 words after 1st semicolon of 1st par.).

June 4, 1920, ch. 227, subch. II, § 1 (Art. 112), 41 Stat. 809;

May 5, 1950, ch. 169, § 6(c), 64 Stat. 145. 4712(c)5:150j (words between 1st and 2d semicolons of 1st par., less 1st 22 words). 4712(d)5:150j (words between 2d and 3d semicolons of 1st par.). 4712(e)5:150j (words between 3d and 4th semicolons of 1st par.). 4712(f)5:150j (1st par., less words before 4th semicolon, and less last 40 words). 4712(g)5:150j (last 40 words of 1st par.). In subsection (a), the words “the court-martial jurisdiction of the Army or the Air Force at a place or command under the jurisdiction of the Army” are substituted for the words “military law”, to reflect the creation of a separate Air Force. Clause (2) is substituted for 5:150j (last par.). In subsections (a), (b), and (d), the words “surviving spouse” are substituted for the word “widow”. In subsection (c), the word “may” is substituted for the words “shall have authority to”. The words “to the extent permitted” are substituted for the words “in so far as * * * will permit”. The words “under this article” and “upon its transactions” are omitted as surplusage. In subsection (d), the words “through the Quartermaster Corps” are omitted, since the functions are no longer lodged in the Quartermaster Corps. The words “if such be found by said court” are omitted as surplusage. The words “United States” are substituted for the word “Government”. 5:150j (19 words before 3d semicolon of 1st par.) is omitted as covered by subsection (g). In subsection (e), the first 37 words are substituted for 5:150j (33 words after 3d semicolon of 1st par.). The word “may” is substituted for the words “shall have the authority”. In subsection (f), the words “Soldiers’ Home” are inserted, since, as provided in section 4713 of this title, the Home is now the place where the mentioned articles are sent.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 4712 of this title as this section. 1996—Subsec. (g). Pub. L. 104–316 struck out subsec. (g) which read as follows: “The summary court-martial shall make a full report of the transactions under this section, with respect to the deceased, to the Department of the Army for transmission to the General Accounting Office for action authorized in the settlement of accounts of deceased members of the Army.” 1990—Subsec. (a)(2). Pub. L. 101–510, § 1533(a)(6)(A), substituted “a resident of the Armed Forces Retirement Home” for “an inmate of the United States Soldiers’ and Airmen’s Home”. Subsec. (f). Pub. L. 101–510, § 1533(a)(6)(B), struck out “for transmission to the United States Soldiers’ and Airmen’s Home” after “Department of the Army” and inserted at end “The Secretary of the Army shall deliver to the Armed Forces Retirement Home all items received by the executive part of the Department of the Army under this subsection.” 1985—Subsec. (d). Pub. L. 99–145 substituted new pars. (1) to (6) for former pars. (1) to (9) which read as follows: “(1) Surviving spouse or legal representative. “(2) Son. “(3) Daughter. “(4) Father, if he has not abandoned the support of his family. “(5) Mother. “(6) Brother. “(7) Sister. “(8) Next of kin. “(9) Beneficiary named in the will of the deceased.” 1980—Subsecs. (a)(2), (f). Pub. L. 96–513 substituted “United States Soldiers’ and Airmen’s Home” for “Soldiers’ Home”. 1966—Subsec. (a). Pub. L. 89–718 substituted “military law” for “the court-martial jurisdiction of the Army or the Air Force”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date

of 1990 AmendmentAmendment by Pub. L. 101–510 effective one year after Nov. 5, 1990, see section 1541 of Pub. L. 101–510, formerly set out as an

Effective Date

note under section 401 of Title 24, Hospitals and Asylums.

Effective Date

of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

§7712 Disposition of Effects of Deceased Persons by Summary Court-martial

Summary

Title 10, §7712

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Effective Date

Effective Date

Citations & Metadata