[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR72.44]

[Page 354]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 72--DEATHS AND ESTATES--Table of Contents
 
Sec. 72.44  Evidence of claimant's right to estate.

    (a) Letters testamentary. A certified copy of the letters 
testamentary (an instrument issued by a court of law under which a 
person, named as executor by a will, formally takes charge of the estate 
and proceeds to carry out the directions in the will) is prima-facie 
evidence of the executor's right to take possession of the personal 
estate.
    (b) Letters of administration. A certified copy of the letters of 
administration (an instrument issued by a court of law in intestate 
proceedings appointing an administrator to take charge of the property 
of a decedent) is prima-facie evidence of the administrator's right to 
take possession of the personal estate.
    (c) Affidavit of next of kin. When a decedent dies intestate, and 
the personal estate consists only of clothing and similiar personal 
effects appraised at little or no commercial value, or in cases where 
the consular officer is fully satisfied of the legal right of the 
claimant and the value of the estate does not warrant the expense of 
probate proceedings, he may be justified in considering as satisfactory 
evidence an affidavit executed by the decedent's next of kin. The 
affidavit of the next of kin should be corroborated by the sworn 
statements of two persons acquainted with the affiant and familiar with 
the facts of the case. In any event, the consular officer must satisfy 
himself of the legal right of the claimant or claimants to the 
decedent's effects before releasing the property that he has in his 
possession, and he must decide whether an affidavit is acceptable in 
lieu of a certified copy of the letters testamentary or the letters of 
administration.