22 U.S.C. § 4197: Following testamentary…

Summary

If a U.S. citizen dies in another country and leaves legal instructions for a consular officer (or if none, a diplomatic officer) to take care of the personal belongings they had there when they died, that officer must follow those instructions as long as local law and U.S. law allow. If the citizen picked some other person to manage the property, the officer must help that person in any practical official way and, where local law or a treaty allows, protect the property from local authorities. The officer must protect the decedent’s property by sealing it and may only open or remove that seal when the person the deceased named asks.

Title 22, §4197

Foreign Relations and Intercourse, Source: USLM XML via OLRC

When a citizen of the United States dies in a foreign country and leaves, by any lawful testamentary disposition, special directions for the custody and management, by the consular officer, or in his absence a diplomatic officer, within whose jurisdiction the death occurred, of the personal property in the foreign country which he possessed at the time of death, such officer shall, so far as the laws of the foreign country permit, strictly observe such directions if not contrary to the laws of the United States. If such citizen has named, by any lawful testamentary disposition, any other person than a consular officer or diplomatic officer to take charge of and manage such property, it shall be the duty of the officer, whenever required by the person so named, to give his official aid in whatever way may be practicable to facilitate the proceedings of such person in the lawful execution of his trust, and, so far as the laws of the country or treaty provisions permit, to protect the property of the deceased from any interference by the authorities of the country where such citizen died. To this end it shall be the duty of the consular officer, or if no consular officer is present a diplomatic officer, to safeguard the decedent’s property by placing thereon his official seal and to break and remove such seal only upon the request of the person designated by the deceased to take charge of and manage his property.

Notes & Related Subsidiaries

Editorial Notes

Codification R.S. § 1711 derived from act Aug. 18, 1856, ch. 127, § 28, 11 Stat. 63. Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter. Section was formerly classified to section 1177 of this title, and prior thereto to section 77 of this title.

Amendments

1940—Act July 12, 1940, amended section generally.

§4197 Following Testamentary Directions; Assistance to Testamentary Appointee

Summary

Title 22, §4197

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata