[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR72.39]

[Page 359-360]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 72--DEATHS AND ESTATES--Table of Contents
 
Sec. 72.39  Payment of debts owed by deceased.

    (a) When cash resources suffice. The decedent's debts which the 
consular officer is reasonably certain are legitimately owed in the 
country in which the death occurred, or in the country in which he was 
residing at the time of death, including expenses incident to the 
disposition of the remains and the personal effects, should be paid out 
of the cash resources of the personal estate taken into possession by 
the consular officer; namely, money found among the personal effects, 
proceeds of the sale of the perishable property, or funds received 
through the collection of debts owed the decedent. See Sec. 72.32 in 
regard to the personal estate in another consular district. Any doubtful 
claim against the estate should be referred to the legal representative 
or other authorized person for consideration; a claim for damages for a 
negligent or wrongful act of the decedent is not a debt to be paid by 
the consular officer unless it has been reduced to judgment.
    (b) When cash resources are insufficient. In the event that the cash 
resources of the personal estate are not sufficient to pay the debts 
owing in the

[[Page 360]]

country in which the death occurred, or in the country in which the 
decedent was residing at the time of death, the consular officer should 
endeavor to obtain sufficient funds from the legal representative, next 
of kin or other interested person. See Sec. 72.32 concerning funds found 
in another consular district. Fees are not charged on funds so furnished 
(Sec. 72.53). If sufficient funds cannot be assembled from the foregoing 
sources, the consular officer should sell at auction (see Sec. 72.37), 
such portion of the personal estate as may be necessary to pay the debts 
and expenses. Should occasion arise for sale of motor vehicles, 
airplanes or powered watercraft, title to which and liens upon which in 
the United States and almost universally are matters of official record, 
care should be taken to conform with applicable registration 
requirements. Articles which are most marketable, and at the same time 
least likely to be desired by the heirs of the decedent, should be sold 
first. Jewelry, heirlooms and articles which may have sentimental value 
to relatives, regardless of intrinsic value, should be sold only in case 
of necessity, and in the order named. Members of the decedent's family 
should be notified of the necessity for the sale, if practicable, in 
order that they may purchase these articles if they desire. Proceeds 
from the sale are regarded as forming part of the personal estate and 
should be included in the gross amount thereof for the assessment of 
Foreign Service fees (see Sec. 72.52).