[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR72.39]

[Page 358-359]
 
                       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 359]]

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).