10 U.S.C. § 7712 — Disposition of effects of deceased persons by summary court-martial
submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 454 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
Upon the death of—
a person subject to military law at a place or command under the jurisdiction of the Army*; or
a resident of the Armed Forces* Retirement Home who dies in an Army 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 in camp or quarters.
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 in camp or quarters.
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 Army.
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:
The surviving spouse or legal representative.
A child of the deceased.
A parent of the deceased.
A brother or sister of the deceased.
The next-of-kin of the deceased.
A beneficiary named in the will of the deceased.
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.
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 Army. The Secretary of the Army shall deliver to the Armed Forces Retirement Home all items received by the executive part of the Department of the Army under this subsection.
Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 264, § 4712; Pub. L. 89–718, § 30, Nov. 2, 1966, 80 Stat. 1119; Pub. L. 96–513, title V, § 512(20), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 99–145, title XIII, § 1301(b)(4)(A), Nov. 8, 1985, 99 Stat. 736; Pub. L. 101–510, div. A, title XV, § 1533(a)(6), Nov. 5, 1990, 104 Stat. 1734; Pub. L. 104–316, title II, § 202(g), Oct. 19, 1996, 110 Stat. 3842; renumbered § 7712, Pub. L. 115–232, div. A, title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839.)
- 1956Enacted · Act of Aug. 10, 1956, ch. 1041
- 1966Amended · Pub. L. 89-718 · 80 Stat. 1119
- 1980Amended · Pub. L. 96-513 · 94 Stat. 2930
- 1985Amended · Pub. L. 99-145 · 99 Stat. 736
- 1990Amended · Pub. L. 101-510 · 104 Stat. 1734
- 1996Amended · Pub. L. 104-316 · 110 Stat. 3842
- 2018Amended · Pub. L. 115-232 · 132 Stat. 1839
A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.
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