24 U.S.C. § 420 — Disposition of effects of deceased persons; unclaimed property

(a) Disposition of effects of deceased persons The Administrator of an Armed Forces Retirement Home facility must safeguard and dispose of the property of residents who die there, including items sent under other listed sections. The Administrator must: (1) promptly send any will to the proper probate court after the resident dies; and (2) if a resident dies without a will ("intestate") and the heirs can't be found right away, hold all their property for three years from the date of death. If someone proves within that time that they're entitled to the property, the Administrator must divide it equally among the highest-ranking group of survivors found, in this order: (A) surviving spouse or legal representative, (B) children, (C) parents, (D) siblings, (E) next of kin. (b) Sale of effects (1)(A) If the estate can't be given out under (a)(2), or the resident died with a will but the executor or heirs can't be found, the entire unclaimed estate escheats to (becomes property of) the Retirement Home once three years have passed since death. (B) When unclaimed property is sold, the money goes into the Armed Forces Retirement Home Trust Fund. (C) If someone is appointed to handle the estate and finishes before the three years are up, the leftover money (after expenses) still goes to the Trust Fund. Heirs can file a claim with the Secretary of Defense to get it back; if denied, they can appeal only to the U.S. Court of Federal Claims. (2)(A) The facility's Administrator can appoint a government attorney or active-duty service member to represent the Retirement Home in probate cases where it has a legal interest. (B) That attorney can ask courts to be appointed as the estate's representative, and gets priority over anyone except the resident's own named executor, heirs, or legatees. If heirs can't be found, the attorney becomes the estate's representative. (3) An employee of the facility named as executor or given something in a resident's will can still legally witness that resident's will. (4) After three years from death, the Administrator must dispose of anything not otherwise handled, including medals and decorations no one has claimed. This can mean keeping it for the facility, offering it to the VA, a state, another military home, or a museum, or destroying it if it's worthless. (c) Transfer of proceeds to Fund Money the Administrators get from selling property under (b) goes into the Fund. (d) Subsequent claim (1) A claim for sale proceeds can be filed with the Secretary of Defense up to six years after the death. (2) No court or the Secretary can consider a claim filed after that six-year deadline. (3) An approved claim is certified to the Treasury for payment from the Fund, plus interest, but never more than what's actually in the Fund from that estate plus interest. (e) Unclaimed property For property delivered to the Retirement Home under a separate law (10 U.S.C. § 2575), the facility must give it back to the owner, heirs, or legal representative if they prove their right to it within two years of delivery.