[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR72.40]

[Page 359]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 72--DEATHS AND ESTATES--Table of Contents
 
Sec. 72.40  Consular officer not to act as administrator of estate.

    The consular officer normally should not accept appointment from any 
foreign state or from a court in the United States to act as 
administrator, or to assist (except as provisional conservator) in 
administering the personal estate of a deceased citizen who has died, or 
was residing at the time of death, within his consular district. Neither 
should he accept appointment as guardian or in any other fiduciary 
capacity in the settlement of the estate without:
    (a) Having previously obtained the permission of the Secretary of 
State to accept such appointment; and
    (b) Having assured himself that he has authority so to act under 
treaty provisions, local law or usage.

If authorization is received as to appointment in any of the capacities 
indicated above, the consular officer will be required to execute bond, 
with surety to be approved by the Secretary of State (22 U.S.C. 1178, 
1179).