22 C.F.R. § 72.44 Evidence of claimant's right to estate.
Title 22 - Foreign Relations
(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.
Title 22: Foreign Relations
PART 72—DEATHS AND ESTATES
Personal Estates of Deceased Citizens
§ 72.44 Evidence of claimant's right to estate.
