§2715c Conservation and Disposition of Estates

Summary

When a U.S. citizen or national dies in another country, a consular officer must act as the temporary manager of the belongings and property that are in that officer’s area. The officer must take custody of the personal items, make a written list and value them, and certify the list. The officer should collect money owed to the decedent and pay debts, sell perishable items, and, after giving public notice and trying to notify relatives, sell other property if needed to pay debts, taxes where the person died, funeral costs, and estate expenses. If no claimant appears within one year after the date of death (or a longer time if needed to finish the estate), the officer may sell the remaining personal property, except certain items. Sale money, financial papers (like bonds, stock certificates, and notes), jewelry, heirlooms, and clearly sentimental items must be sent to the Secretary of State in Washington, D.C., to be held for any legal claimant. If the estate includes real estate that does not pass to heirs under local law, title may be transferred to the U.S. Government unless the Secretary refuses. A consular officer can only act as the estate administrator in rare cases if the Secretary of State allows it. None of these duties are carried out if a local legal representative, trustee, or partner is appointed, or if local law, treaty rules, or usual local practice do not permit them. Military and Peace Corps authorities keep their own powers over service members and volunteers. After the Secretary receives estate property, the Department of State may collect debts owed to the estate and handle checks and other payments. If no legal claimant appears within 5 fiscal years beginning on October 1 after a consular officer took the estate, title to the estate goes to the United States and the Department will sell or otherwise dispose of it like surplus U.S. property. Sales costs come from the estate, later valid claims may be paid only from the net sale proceeds, and any remaining cash goes into the Treasury’s miscellaneous receipts. Real property given to the U.S. is treated as foreign excess property unless the Department needs it, in which case it is treated as an accepted gift. The Secretary may pay the estate for any conserved property that was lost, stolen, or destroyed while in State Department custody; such payment replaces personal liability of officers or employees, though the Department may seek reimbursement from them under its rules. The Secretary of State may make rules needed to carry out these duties.