22 C.F.R. § 72.22

Current through November 30, 2024
Section 72.22 - Release of personal estate to legal representative
(a) 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:
(1) The legal representative presents satisfactory evidence of the legal representative's right to receive the estate;
(2) 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 );
(3) The legal representative executes a release in the form prescribed by the Department; and
(4) The Department approves the release of the personal estate.
(b) Satisfactory evidence of the right to receive the estate may include:
(1) In the case of an executor, a certified copy of letters testamentary or other evidence of legal capacity to act as executor;
(2) In the case of an administrator, a certified copy of letters of administration or other evidence of legal capacity to act as administrator;
(3) 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).

22 C.F.R. § 72.22