The authority and responsibilities of a U.S. consular officer concerning the personal estate of a citizen who dies abroad or who resided abroad at the time of death are based on U.S. laws, treaties, and international practice. They are subject to the consent of local authorities in the foreign country concerned.

Notification of Next of Kin
When a U.S. citizen dies abroad, and no legal representative is present in the country at the time of death, the consular officer usually notifies the decedent's next of kin by telephone, followed by an e-mail, letter or FAX. On the basis of instructions received from the legal representative or other qualified party, the consular officer arranges for the disposition or re-mains.

Provisional Conservator of the Estate
The consular officer also, in the absence of a legal representative, acts as provisional conservator of the decedent's personal effects, after receiving them from police officials, hospital authorities, tour managers, or other persons who have had temporary custody of the effects.

The consular officer usually takes physical possession of the convertible assets, luggage, wearing apparel, jewelry, articles of sentimental value, nonnegotiable instruments, personal documents, other miscellaneous effects. The consular officer has no authority to withdraw funds from bank accounts in foreign countries or to obtain the face value of traveler's checks.

If the personal effects are not located within a reasonable distance from the Foreign Service post, the consular officer will request the temporary custodian of the effects to send them to the post at the expense of the estate or of the legal representative. The U.S. Government has no independent authority to pay for any expenses incurred relating to the effects of a deceased private citizen.

Large bulky articles found in residences and apartment buildings are seldom taken into actual possession by the consular officer. However, reasonable steps are taken to ensure that the effects are adequately safeguarded until arrangements for disposition can be made by the legal representative. The responsibilities of a consular officer as provisional conservator included taking possession of, inventorying and appraising the personal effects, paying local debts such as hospital and hotel bills from funds available in the estate or from funds received from the legal representative, and delivering the effects to the person who is entitled to receive them.

Entitlement to Receive Personal Estate
The consular officer does not establish the ownership of nor entitlement to the personal estate of the person(s) who will receive it in the absence of presentation of proof of entitlement by the potential legal claimant. Dependent on the value of the estate and whether there is a disagreement among claimants, the consular officer may require that a document under the seal and signature of a court official be submitted to establish a claimant's proof of entitlement to receive the effects. Satisfactory proof may take the form of "Letter Testamentary", which are generally issued by a U.S. court when a person has left a valid will, or "Letter of Administration", which are issued by a U.S. court when a person dies without a will or leaves no valid will. In most cases, when the monetary value of the personal estate is small, an affidavit of surviving spouse or next of kin, is sufficient to effect the release of the personal estate.

Shipment of Personal Effects
After the personal effects have been inventoried and documentary proof of entitlement has been furnished, the consular officer requests instructions from the claimant regarding shipment of the effects. Because of the high costs of shipment, many persons instruct the consular officer to ship only items of commercial and sentimental value and to donate the remaining effects to a local charity or to dispose of them in another manner. In some instances a forwarding company in the foreign country must be selected by a legal claimant to ship the effects to a designated address. It is the responsibility of the forwarding company to obtain the necessary customs clearance from the country of departure. Additional customs clearance required by the United States at the port of entry is the responsibility of the person receiving the effects.

Responsibility of the Consular Officer when a Legal Representative is Present
The Consular Officer's provisional conservatorship responsibilities end once estate items in the country are disbursed or the responsibility is transferred to a NOK/legal representative and/or court including as soon as the NOK/legal representative agrees to take over the estate and/or arrives in country. Please understand that Consular Officers are not lawyers. While they may assist the NOK/legal representative in facilitating communications with Honduran authorities and in providing general information, they cannot offer legal advice regarding procedures and paperwork required for the release or handling of estates. NOK/legal representatives should verify procedures with Honduran authorities and/or work through an attorney.

General Information
Honduran procedures may differ from those in the U.S. and may take some time and visits to Honduras to accomplish. Courts generally take possession of effects in cases of unnatural death. Some of these effects may be required as evidence and may not be released until so authorized by the courts. In order to obtain release of effects, including those not required as evidence, the Court may request that the NOK/legal representatives obtain a statement from the US Embassy regarding their request for release of the effects. NOK/legal representatives may also need to present to the Courts ownership documents such as car titles. These must be properly authenticated and translated by the Honduran Embassy or Consulate in the US with jurisdiction over the State of issue. For further information, contact the Honduran Embassy in Washington DC at www.hondurasemb.org

To sell a car belonging to the deceased, the legal representative will also have to pay any taxes, customs duty or other debts owed on the vehicle to receive a "librado" from the Courts and a re-exportation authorization from Honduran customs. The legal representative will also be responsible for paying any duties owed upon arrival in the U.S. For further information, contact Honduran Customs at (504) 234-2808. And US Customs at www.customs.treas.gov. You may also wish to consult customs brokers and freight forwarders for information on transporting vehicles and other large effects to the U.S. The Embassy suggests the NOK/legal representative consult attorneys, particularly when estates appear to be complex, involve real property, substantial assets and/or debts. A list of attorneys interested in working with US citizens is available on the Embassy website at www.usmission.hn

01/11/02