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10 U.S.C. § 1044d — Military testamentary instruments: requirement for recognition by States
Federal law — U.S. Code and appendices · legal_authorities
**(a) Testamentary Instruments To Be Given Legal Effect.—** A military testamentary instrument—
(1) is exempt from any requirement of form, formality, or recording before probate that is provided for testamentary instruments under the laws of a State; and
(2) has the same legal effect as a testamentary instrument prepared and executed in accordance with the laws of the State in which it is presented for probate.
**(b) Military Testamentary Instruments.—** For purposes of this section, a military testamentary instrument is an instrument that is prepared with testamentary intent in accordance with regulations prescribed under this section and that—
(1) is executed in accordance with subsection (c) by (or on behalf of) a person, as a testator, who is eligible for military legal assistance;
(2) makes a disposition of property of the testator; and
(3) takes effect upon the death of the testator.
**(c) Requirements for Execution of Military Testamentary Instruments.—** An instrument is valid as a military testamentary instrument only if—
(1) the instrument is executed by the testator (or, if the testator is unable to execute the instrument personally, the instrument is executed in the presence of, by the direction of, and on behalf of the testator);
(2) the execution of the instrument is notarized by—
(A) a military legal assistance counsel;
(B) a person who is authorized to act as a notary under [section 1044a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044a&num=0&edition=prelim) who—
(i) is not an attorney; and
(ii) is supervised by a military legal assistance counsel; or
(C) a State-licensed notary employed by a military department or the Coast Guard who is supervised by a military legal assistance
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Source file: Laws/federal/codes/united-states-code/title-10/section-1044d-military-testamentary-instruments-requirement-for-recognition-by-states--e9f759a6e4.md
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Source location: Title 10, Chapter 53, § 1044d; chapter-053-miscellaneous-rights-and-benefits.md
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**(a) Testamentary Instruments To Be Given Legal Effect.—** A military testamentary instrument—
(1) is exempt from any requirement of form, formality, or recording before probate that is provided for testamentary instruments under the laws of a State; and
(2) has the same legal effect as a testamentary instrument prepared and executed in accordance with the laws of the State in which it is presented for probate.
**(b) Military Testamentary Instruments.—** For purposes of this section, a military testamentary instrument is an instrument that is prepared with testamentary intent in accordance with regulations prescribed under this section and that—
(1) is executed in accordance with subsection (c) by (or on behalf of) a person, as a testator, who is eligible for military legal assistance;
(2) makes a disposition of property of the testator; and
(3) takes effect upon the death of the testator.
**(c) Requirements for Execution of Military Testamentary Instruments.—** An instrument is valid as a military testamentary instrument only if—
(1) the instrument is executed by the testator (or, if the testator is unable to execute the instrument personally, the instrument is executed in the presence of, by the direction of, and on behalf of the testator);
(2) the execution of the instrument is notarized by—
(A) a military legal assistance counsel;
(B) a person who is authorized to act as a notary under [section 1044a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044a&num=0&edition=prelim) who—
(i) is not an attorney; and
(ii) is supervised by a military legal assistance counsel; or
(C) a State-licensed notary employed by a military department or the Coast Guard who is supervised by a military legal assistance counsel;
(3) the instrument is executed in the presence of at least two disinterested witnesses (in addition to the person notarizing the instrument in accordance with paragraph (2)), each of whom attests to witnessing the testator’s execution of the instrument by signing it; and
(4) the instrument is executed in accordance with such additional requirements as may be provided in regulations prescribed under this section.
**(d) Self-Proving Military Testamentary Instruments.—**
(1) If the document setting forth a military testamentary instrument meets the requirements of paragraph (2), then the signature of a person on the document as the testator, an attesting witness, a notary, or the presiding attorney, together with a written representation of the person’s status as such and the person’s military grade (if any) or other title, is prima facie evidence of the following:
(A) That the signature is genuine.
(B) That the signatory had the represented status and title at the time of the execution of the will.
(C) That the signature was executed in compliance with the procedures required under the regulations prescribed under subsection (f).
(2) A document setting forth a military testamentary instrument meets the requirements of this paragraph if it includes (or has attached to it), in a form and content required under the regulations prescribed under subsection (f), each of the following:
(A) A certificate, executed by the testator, that includes the testator’s acknowledgment of the testamentary instrument.
(B) An affidavit, executed by each witness signing the testamentary instrument, that attests to the circumstances under which the testamentary instrument was executed.
(C) A notarization, including a certificate of any administration of an oath required under the regulations, that is signed by the notary or other official administering the oath.
**(e) Statement To Be Included.—**
(1) Under regulations prescribed under this section, each military testamentary instrument shall contain a statement that sets forth the provisions of subsection (a).
(2) Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to a testamentary instrument that does not include a statement described in that paragraph.
**(f) Regulations.—** Regulations for the purposes of this section shall be prescribed jointly by the Secretary of Defense and by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy.
**(g) Definitions.—** In this section:
(1) The term “person eligible for military legal assistance” means a person who is eligible for legal assistance under [section 1044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044&num=0&edition=prelim).
(2) The term “military legal assistance counsel” means—
(A) a judge advocate (as defined in [section 801(13) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section801/13&num=0&edition=prelim)); or
(B) a civilian attorney serving as a legal assistance officer under the provisions of [section 1044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044&num=0&edition=prelim).
(3) The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and each possession of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The persons named in subsection (b) have the general powers of a notary public and of a consul of the United States in the performance of all notarial acts to be executed by any of the following:
(1) Members of any of the uniformed services.
(2) Other persons eligible for legal assistance under the provisions of [section 1044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044&num=0&edition=prelim) or regulations of the Department of Defense.
(3) Persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(4) Other persons subject to the Uniform Code of Military Justice (chapter 47 of this title) outside the United States.
**(b)** Persons with the powers described in subsection (a) are the following:
(1) All judge advocates, including reserve judge advocates when not in a duty status.
(2) All civilian attorneys serving as legal assistance attorneys.
(3) All adjutants, assistant adjutants, and personnel adjutants, including reserve members when not in a duty status.
(4) All other members of the uniformed services, including reserve members when not in a duty status, who are designated by regulations of the uniformed services or by statute to have those powers.
(5) For the performance of notarial acts at locations outside the United States, all employees of a military department or the Coast Guard who are designated by regulations of the Secretary concerned or by statute to have those powers for exercise outside the United States.
(6) All civilian paralegals serving at military legal assistance offices, supervised by a military legal assistance counsel (as defined in [section 1044d(g) of this title](htt
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to the availability of legal staff resources, the Secretary concerned may provide legal assistance in connection with their personal civil legal affairs to the following persons:
(1) Members of the armed forces who are on active duty.
(2) Members and former members entitled to retired or retainer pay or equivalent pay.
(3) Officers of the commissioned corps of the Public Health Service or the commissioned officer corps of the National Oceanic and Atmospheric Administration who are on active duty or entitled to retired or equivalent pay.
(4) Members of reserve components not covered by paragraph (1) or (2) following release from active duty under a call or order to active duty for more than 30 days issued under a mobilization authority (as determined by the Secretary), for a period of time (prescribed by the Secretary) that begins on the date of the release and is not less than twice the length of the period served on active duty under that call or order to active duty.
(5) Dependents of members and former members described in paragraphs (1), (2), (3), and (4).
(6) Survivors of a deceased member or former member described in paragraphs (1), (2), (3), and (4) who were dependents of the member or former member at the time of the death of the member or former member, except that the eligibility of such survivors shall be determined pursuant to regulations prescribed by the Secretary concerned.
(7) Civilian employees of the Federal Government serving in locations where legal assistance from non-military legal assistance providers is not reasonably available, except that the eligibility of civilian employees shall be determined pursuant to regulations prescribed by the Secretary concerned.
**(b)** Under such regulations as may be prescribed by the Secr
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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 931
TITLE 10—ARMED FORCES
§ 1044d
(Added Pub. L. 103–160, div. A, title V, § 574(a),
Nov. 30, 1993, 107 Stat. 1674.)
§ 1044c. Advance medical directives of members
and dependents: requirement for recognition
by States
(a) INSTRUMENTS TO BE GIVEN LEGAL EFFECT
WITHOUT REGARD
TO STATE LAW.—An advance
medical directive executed by a person eligible
for legal assistance—
(1) is exempt from any requirement of form,
substance, formality, or recording that is pro-
vided for advance medical directives under the
laws of a State; and
(2) shall be given the same legal effect as an
advance medical directive prepared and exe-
cuted in accordance with the laws of the State
concerned.
(b) ADVANCE MEDICAL DIRECTIVES.—For pur-
poses of this section, an advance medical direc-
tive is any written declaration that—
(1) sets forth directions regarding the provi-
sion, withdrawal, or withholding of life-pro-
longing procedures, including hydration and
sustenance, for the declarant whenever the de-
clarant has a terminal physical condition or is
in a persistent vegetative state; or
(2) authorizes another person to make health
care decisions for the declarant, under cir-
cumstances stated in the declaration, when-
ever the declarant is incapable of making in-
formed health care decisions.
(c) STATEMENT TO BE INCLUDED.—(1) Under
regulations prescribed by the Secretary con-
cerned, an advance medical directive prepared
by an attorney authorized to provide legal as-
sistance shall contain a statement that sets
forth the provisions of subsection (a).
(2) Paragraph (1) shall not be construed to
make inapplicable the provisions of subsection
(a) to an advance medical directive that does
not include a statement described in that para-
graph.
(d) STATES NOT RECOGNIZING AD
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1044d
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