---
kind: "section"
citation: "22 C.F.R. § 72.22"
title: "22"
number: "72.22"
heading: "Release of personal estate to legal representative."
url: "https://uscodex.org/cfr/22/72.22"
---

# §72.22. Release of personal estate to legal representative.

- (a) If a person or entity claiming to be a legal representative comes forward at any time prior to transmission of the decedent's personal estate to the Secretary of State under [22 CFR 72.25](/cfr/22/72.25.md), the consular officer may release the personal estate in his or her custody to the legal representative provided that:
  - (1) The legal representative presents satisfactory evidence of the legal representative's right to receive the estate;
  - (2) The legal representative pays any fees prescribed for consular services provided in connection with the disposition of remains or protection of the estate (see [22 CFR 22.1](/cfr/22/22.1.md));
  - (3) The legal representative executes a release in the form prescribed by the Department; and
  - (4) **The Department approves the release of the personal estate.**
- (b) Satisfactory evidence of the right to receive the estate may include:
  - (1) In the case of an executor, a certified copy of letters testamentary or other evidence of legal capacity to act as executor;
  - (2) In the case of an administrator, a certified copy of letters of administration or other evidence of legal capacity to act as administrator;
  - (3) In the case of the agent of an executor or administrator, a power of attorney or other document evidencing agency (in addition to evidence of the executor's or administrator's legal capacity to act).

## Notes

### Authority

Authority: 22 U.S.C. 2715, 2715b, 2715c, 4196, 4197, 4198, 4199.

### Source

Source: 72 FR 8889, Feb. 28, 2007, unless otherwise noted.