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22 U.S.C. § 4197 — Following testamentary directions; assistance to testamentary appointee
Federal law — U.S. Code and appendices · legal_authorities
When a citizen of the United States dies in a foreign country and leaves, by any lawful testamentary disposition, special directions for the custody and management, by the consular officer, or in his absence a diplomatic officer, within whose jurisdiction the death occurred, of the personal property in the foreign country which he possessed at the time of death, such officer shall, so far as the laws of the foreign country permit, strictly observe such directions if not contrary to the laws of the United States. If such citizen has named, by any lawful testamentary disposition, any other person than a consular officer or diplomatic officer to take charge of and manage such property, it shall be the duty of the officer, whenever required by the person so named, to give his official aid in whatever way may be practicable to facilitate the proceedings of such person in the lawful execution of his trust, and, so far as the laws of the country or treaty provisions permit, to protect the property of the deceased from any interference by the authorities of the country where such citizen died. To this end it shall be the duty of the consular officer, or if no consular officer is present a diplomatic officer, to safeguard the decedent’s property by placing thereon his official seal and to break and remove such seal only upon the request of the person designated by the deceased to take charge of and manage his property.
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Stable record: federal_law:legal_authorities:record_usc_7c9990c88bb4e8761426954d
Source file: Laws/federal/codes/united-states-code/title-22/section-4197-following-testamentary-directions-assistance-to-testamentary-appointee--dea7e0bbd7.md
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Source location: Title 22, Chapter 52, § 4197; chapter-052-foreign-service.md
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When a citizen of the United States dies in a foreign country and leaves, by any lawful testamentary disposition, special directions for the custody and management, by the consular officer, or in his absence a diplomatic officer, within whose jurisdiction the death occurred, of the personal property in the foreign country which he possessed at the time of death, such officer shall, so far as the laws of the foreign country permit, strictly observe such directions if not contrary to the laws of the United States. If such citizen has named, by any lawful testamentary disposition, any other person than a consular officer or diplomatic officer to take charge of and manage such property, it shall be the duty of the officer, whenever required by the person so named, to give his official aid in whatever way may be practicable to facilitate the proceedings of such person in the lawful execution of his trust, and, so far as the laws of the country or treaty provisions permit, to protect the property of the deceased from any interference by the authorities of the country where such citizen died. To this end it shall be the duty of the consular officer, or if no consular officer is present a diplomatic officer, to safeguard the decedent’s property by placing thereon his official seal and to break and remove such seal only upon the request of the person designated by the deceased to take charge of and manage his property.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 1171, R.S. § 1689, which related to general application of provisions to consular officers, was transferred to [section 4191 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4191&num=0&edition=prelim).
Section 1172, R.S. § 4082, which related to solemnization of marriages, was transferred to [section 4192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4192&num=0&edition=prelim) and subsequently repealed.
Section 1173, R.S. § 1707; June 25, 1948, ch. 646, § 39, 62 Stat. 992, which related to receipt by consuls and vice consuls of protests, was transferred to [section 4193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4193&num=0&edition=prelim).
Section 1174, R.S. § 1708; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829, which related to lists and returns of seamen and vessels, etc., was transferred to [section 4194 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4194&num=0&edition=prelim).
Section 1175, R.S. § 1709; Mar. 3, 1911, ch. 223, 36 Stat. 1083; June 10, 1921, ch. 18, § 304, 42 Stat. 24; July 12, 1940, ch. 618, 54 Stat. 758, which related to estates of decedents generally and to General Accounting Office as conservator, was transferred to [section 4195 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4195&num=0&edition=prelim) and subsequently repealed.
Section 1176, R.S. § 1710; July 12, 1940, ch. 618, 54 Stat. 760, which related to notification of death of decedent and transmission of inventory of effects of decedent, was transferred to [section 4196 of this title](https://uscode.house.gov/view.xhtml?req
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1171 to 1195
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 72, R.S. § 4082, which related to solemnization of marriages, was transferred to [section 4192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4192&num=0&edition=prelim) and subsequently repealed.
Section 73, R.S. § 1707, which related to receipt of protests and declarations by consuls and vice-consuls, was transferred to [section 4193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4193&num=0&edition=prelim).
Section 74, R.S. § 1708, which related to lists and returns of seamen and vessels, was transferred to [section 4194 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4194&num=0&edition=prelim).
Section 75, R.S. § 1709, which related to handling of estates of decedents by consular officers, was transferred to [section 4195 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4195&num=0&edition=prelim) and subsequently repealed.
Section 76, R.S. § 1710, which related to notification of death of a decedent by a consular officer, was transferred to [section 4196 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4196&num=0&edition=prelim).
Section 77, R.S. § 1711, which related to following testamentary directions by a consular officer, was transferred to [section 4197 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4197&num=0&edition=prelim).
Section 78, act June 30, 1902, ch. 1331, § 1, 32 Stat. 546, which related to appointment of a consular officer as a trust officer for settlement or conservation of an estate, was transferred to [section 4198 of this title](https://us
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 72 to 79
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Federal law — U.S. Code and appendices · legal_authorities
Page 1561
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4201
§ 4197. Following testamentary directions; assist-
ance to testamentary appointee
When a citizen of the United States dies in a
foreign country and leaves, by any lawful testa-
mentary disposition, special directions for the
custody and management, by the consular offi-
cer, or in his absence a diplomatic officer, with-
in whose jurisdiction the death occurred, of the
personal property in the foreign country which
he possessed at the time of death, such officer
shall, so far as the laws of the foreign country
permit, strictly observe such directions if not
contrary to the laws of the United States. If
such citizen has named, by any lawful testa-
mentary disposition, any other person than a
consular officer or diplomatic officer to take
charge of and manage such property, it shall be
the duty of the officer, whenever required by the
person so named, to give his official aid in what-
ever way may be practicable to facilitate the
proceedings of such person in the lawful execu-
tion of his trust, and, so far as the laws of the
country or treaty provisions permit, to protect
the property of the deceased from any inter-
ference by the authorities of the country where
such citizen died. To this end it shall be the
duty of the consular officer, or if no consular of-
ficer is present a diplomatic officer, to safeguard
the decedent’s property by placing thereon his
official seal and to break and remove such seal
only upon the request of the person designated
by the deceased to take charge of and manage
his property.
(R.S. § 1711; July 12, 1940, ch. 618, 54 Stat. 760.)
Editorial Notes
CODIFICATION
R.S. § 1711 derived from act Aug. 18, 1856, ch. 127, § 28,
11 Stat. 63.
Section was not enacted as
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4197
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