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10 U.S.C. § 9712 — Disposition of effects of deceased persons by summary court-martial
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Upon the death of—
(1) a person subject to military law at a place or command under the jurisdiction of the Air Force or the Space Force; or
(2) a resident of the Armed Forces Retirement Home who dies in an Air Force hospital outside the District of Columbia when sent from the Home to that hospital for treatment;
the commanding officer of the place or command shall permit the legal representative or the surviving spouse of the deceased, if present, to take possession of the effects of the deceased that are then at the air base or in quarters.
**(b)** If there is no legal representative or surviving spouse present, the commanding officer shall direct a summary court-martial to collect the effects of the deceased that are then at the air base or in quarters.
**(c)** The summary court-martial may collect debts due the decedent’s estate by local debtors, pay undisputed local creditors of the deceased to the extent permitted by money of the deceased in the court’s possession, and shall take receipts for those payments, to be filed with the court’s final report to the Department of the Air Force.
**(d)** As soon as practicable after the collection of the effects and money of the deceased, the summary court-martial shall send them at the expense of the United States to the living person highest on the following list who can be found by the court:
(1) The surviving spouse or legal representative.
(2) A child of the deceased.
(3) A parent of the deceased.
(4) A brother or sister of the deceased.
(5) The next-of-kin of the deceased.
(6) A beneficiary named in the will of the deceased.
**(e)** If the summary court-martial cannot dispose of the effects under subsection (d) because there are no persons in those categories or because the court finds that the addre
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Stable record: federal_law:legal_authorities:record_usc_4e7ef9989c899125f1692272
Source file: Laws/federal/codes/united-states-code/title-10/section-9712-disposition-of-effects-of-deceased-persons-by-summary-court-martial--75a13f20c6.md
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Passage SHA-256: 68c1e43488b793f4763e7cd2893b65e972b17343d8b8af2c3a715c47cfda01bb
Source location: Title 10, Chapter 975, § 9712; chapter-975-disposition-of-effects-of-deceased-persons.md
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**(a)** Upon the death of—
(1) a person subject to military law at a place or command under the jurisdiction of the Air Force or the Space Force; or
(2) a resident of the Armed Forces Retirement Home who dies in an Air Force hospital outside the District of Columbia when sent from the Home to that hospital for treatment;
the commanding officer of the place or command shall permit the legal representative or the surviving spouse of the deceased, if present, to take possession of the effects of the deceased that are then at the air base or in quarters.
**(b)** If there is no legal representative or surviving spouse present, the commanding officer shall direct a summary court-martial to collect the effects of the deceased that are then at the air base or in quarters.
**(c)** The summary court-martial may collect debts due the decedent’s estate by local debtors, pay undisputed local creditors of the deceased to the extent permitted by money of the deceased in the court’s possession, and shall take receipts for those payments, to be filed with the court’s final report to the Department of the Air Force.
**(d)** As soon as practicable after the collection of the effects and money of the deceased, the summary court-martial shall send them at the expense of the United States to the living person highest on the following list who can be found by the court:
(1) The surviving spouse or legal representative.
(2) A child of the deceased.
(3) A parent of the deceased.
(4) A brother or sister of the deceased.
(5) The next-of-kin of the deceased.
(6) A beneficiary named in the will of the deceased.
**(e)** If the summary court-martial cannot dispose of the effects under subsection (d) because there are no persons in those categories or because the court finds that the addresses of the persons are not known or readily ascertainable, the court may convert the effects of the deceased, except sabers, insignia, decorations, medals, watches, trinkets, manuscripts, and other articles valuable chiefly as keepsakes, into cash, by public or private sale, but not until 30 days after the date of death of the deceased.
**(f)** As soon as practicable after the effects have been converted into cash under subsection (e), the summary court-martial shall deposit all cash in the court’s possession and belonging to the estate with the officer designated in regulations, and shall send a receipt therefor, together with any will or other papers of value, an inventory of the effects and articles not permitted to be sold, to the executive part of the Department of the Air Force. The Secretary of the Air Force shall deliver to the Armed Forces Retirement Home all items received by the executive part of the Department of the Air Force under this subsection.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 101–510, div. A, title XV, § 1542, Nov. 5, 1990, 104 Stat. 1736, related to authorization of appropriations for United States Soldiers’ and Airmen’s Home.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 586; Dec. 12, 1980, Pub. L. 96–513, title V, § 514(20)(A), (B), 94 Stat. 2936; Nov. 8, 1985, Pub. L. 99–145, title XIII, § 1301(d)(4)(B), 99 Stat. 737; Nov. 29, 1989, Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), 103 Stat. 1602, related to disposition of effects of deceased persons by Soldiers’ and Airmen’s Home.
#### Effective Date of Repeal
Repeal effective one year after Nov. 5, 1990, see section 1541 of Pub. L. 101–510, formerly set out as an Effective Date note under [section 401 of Title 24](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title24-section401&num=0&edition=prelim), Hospitals and Asylums.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9713
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
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Federal law — U.S. Code and appendices · legal_authorities
Page 3570
TITLE 10—ARMED FORCES
[§ 9711
Editorial Notes
AMENDMENTS
2018—Pub. L. 115–232, div. A, title VIII, § 806(d)(1), Aug.
13, 2018, 132 Stat. 1833, redesignated chapter 945 of this
title as this chapter.
1999—Pub. L. 106–65, div. A, title VII, § 721(c)(4), (6),
Oct. 5, 1999, 113 Stat. 695, substituted ‘‘DISPOSITION’’
for ‘‘INQUESTS; DISPOSITION’’ in chapter heading
and struck out item 9711 ‘‘Inquests’’.
1990—Pub. L. 101–510, div. A, title XV, § 1533(a)(10)(B),
Nov. 5, 1990, 104 Stat. 1735, struck out item 9713 ‘‘Dis-
position of effects of deceased persons by Soldiers’ and
Airmen’s Home’’.
1980—Pub. L. 96–513, title V, § 514(20)(C), Dec. 12, 1980,
94 Stat. 2936, substituted ‘‘Soldiers’ and Airmen’s
Home’’ for ‘‘Soldiers’ Home’’ in item 9713.
[§ 9711. Repealed. Pub. L. 106–65, div. A, title VII,
§ 721(b), Oct. 5, 1999, 113 Stat. 694]
Section, Aug. 10, 1956, ch. 1041, 70A Stat. 584, related
to inquests.
§ 9712. Disposition of effects of deceased persons
by summary court-martial
(a) Upon the death of—
(1) a person subject to military law at a
place or command under the jurisdiction of
the Air Force or the Space Force; or
(2) a resident of the Armed Forces Retire-
ment Home who dies in an Air Force hospital
outside the District of Columbia when sent
from the Home to that hospital for treatment;
the commanding officer of the place or com-
mand shall permit the legal representative or
the surviving spouse of the deceased, if present,
to take possession of the effects of the deceased
that are then at the air base or in quarters.
(b) If there is no legal representative or sur-
viving spouse present, the commanding officer
shall direct a summary court-martial to collect
the effects of the deceased that are then at the
air base or in quarters
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 9712
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