PRIA, Government Policy, Made Personal

Summary

If a seaman’s money, property, and wages add up to $1,500 or less, the court may, after waiting at least 60 days and deducting allowed expenses, give them to a person who proves they are the seaman’s surviving spouse or child, someone entitled under the seaman’s will or by law, or someone who would get the estate if they started probate or obtained letters of administration. After the court gives the assets this way, it is no longer responsible. The court can instead require probate or letters of administration and then give the assets to the seaman’s legal representative. If the assets are more than $1,500, the court must, after deducting allowed expenses, give them to the seaman’s legal representative.

Title 46, §10709

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(a)(1)If the money, property, and wages of a seaman, including proceeds from the sale of property, are not more than $1,500 in value, the court, subject to deductions it allows for expenses and at least 60 days after receiving the money, property, and wages, may deliver the money, property, and wages to a claimant proving to be—

(A)the seaman’s surviving spouse or child;

(B)entitled to the money, property, and wages under the seaman’s will or under a law or at common law; or

(C)entitled to secure probate, or take out letters of administration, although no probate or letters of administration have been issued.

(2)The court is released from further liability for the money, property, and wages distributed under paragraph (1) of this subsection.

(3)Instead of acting under paragraphs (1) and (2) of this subsection, the court may require probate or letters of administration to be taken out, and then deliver the money, property, and wages to the legal representative of the seaman.

(b)If the money, property, and wages are more than $1,500 in value, the court, subject to deductions for expenses, shall deliver the money, property, and wages to the legal representative of the seaman.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 1070946:627 section 10709 instructs a district court to deliver a deceased seaman’s property and wages to the proper claimant or legal representative. It also discharges the court from liability.

Editorial Notes

Amendments

1986—Subsec. (a)(1). Pub. L. 99–307, in text preceding cl. (A), substituted “than $1,500 in value, the court,” for “then $1,500 in value, and” and “wages, may” for “wages, the court may”.

§10709 Distribution