§ 72.22 - Release of personal estate to legal representative.

Copy with citation

Copy as parenthetical citation

If a person or entity claiming to be a legal representative comes forward at any time prior to transmission of the decedent's personal estate to the Secretary of State under 22 CFR 72.25, the consular officer may release the personal estate in his or her custody to the legal representative provided that:

The legal representative presents satisfactory evidence of the legal representative's right to receive the estate;

The legal representative pays any fees prescribed for consular services provided in connection with the disposition of remains or protection of the estate (see 22 CFR 22.1);

The legal representative executes a release in the form prescribed by the Department; and

The Department approves the release of the personal estate.

Satisfactory evidence of the right to receive the estate may include:

In the case of an executor, a certified copy of letters testamentary or other evidence of legal capacity to act as executor;

In the case of an administrator, a certified copy of letters of administration or other evidence of legal capacity to act as administrator;

In the case of the agent of an executor or administrator, a power of attorney or other document evidencing agency (in addition to evidence of the executor's or administrator's legal capacity to act).

Previous Section

§ 72.21 - Consular officer may not assume financial responsibility for the estate.

Next Section

§ 72.23 - Affidavit of next of kin.