Page:United States Statutes at Large Volume 113 Part 2.djvu/945

 PUBLIC LAW 106-113—APPENDIX G 113 STAT. 1501A-427 "(c) IMPLEMENTING REGULATIONS.— The Secretary of State shall prescribe such regulations as may be necessary to carry out this section. "SEC. 43B. CONSERVATION AND DISPOSITION OF ESTATES. "(a) CONSERVATION OF ESTATES ABROAD.— "(1) AUTHORITY TO ACT AS CONSERVATOR.—Whenever a United States citizen or national dies abroad, a consular officer shall act as the provisional conservator (jf the portion of the decedent's estate located abroad and, subject to paragraphs (3), (4), and (5), shall— "(A) take possession of the personal effects of the decedent within his jurisdiction; "(B) inventory and appraise the personal effects of the decedent, sign the inventory, and annex thereto a certificate as to the accuracy of the invcjntory and appraised value of each article; "(C) when appropriate in the exercise of prudent administration, collect the debts due to the decedent in the officer's jurisdiction and pay from the estate the obligations owed by the decedent; "(D) sell or dispose of, as appropriate, in the exercise of prudent administration, all perishable items of property; "(E) sell, after reasonable public notice and notice to such next of kin as can be ascertained with reasonable diligence, such additional items of property as necessary to provide funds sufficient to pay the decedent's debts and property taxes in the country of death, funeral expenses, and other expenses incident to the disposition of the estate; "(F) upon the expiration of the one-year period beginning on the date of death (or after such additional period as may be required for final settlement of the estate), if no claimant shall have appeared, al'ter reasonable public notice and notice to such next of kin as can be ascertained with reasonable diligence, sell or dispose of the residue of the personal estate, except as provided in subparagraph (G), in the same manner as United States Governmentowned foreign excess property; "(G) transmit to the custody of the Secretary of State in Washington, D.C. the proceeds of any sales, together with all financial instruments (including bonds, shares of stock, and notes of indebtedness), jewelry, heirlooms, and other articles of obvious sentimental value, to be held in trust for the legal claimant; and "(H) in the event that the decedent's estate includes an interest in real property located within the jurisdiction of the officer and such interest does not devolve by the applicable laws of intestate succession or otherwise, provide for title to the property to be conveyed to the Government of the United States unless the Secretary declines to accept such conveyance. "(2) AUTHORITY TO ACT AS ADMINISTRATOR. —Subject to paragraphs (3) and (4), a consular officer may act as administrator of an estate in exceptional circumstances if expressly authorized to do so by the Secretary of State.

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