
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC4712]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
 CHAPTER 445--DISPOSITION OF EFFECTS OF DECEASED PERSONS; CAPTURED FLAGS
 
Sec. 4712. Disposition of effects of deceased persons by summary 
        court-martial
        
    (a) Upon the death of--
        (1) a person subject to military law at a place or command under 
    the jurisdiction of the Army; or
        (2) 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.
    (b) 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.
    (c) 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.
    (d) 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:
        (1) The surviving spouse or legal representative.
        (2) A child of the deceased.
        (3) A parent of the deceased.
        (4) A brother or sister of the deceased.
        (5) The next-of-kin of the deceased.
        (6) A beneficiary named in the will of the deceased.

    (e) 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 sabres, 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.
    (f) 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 264; Pub. L. 89-718, Sec. 30, Nov. 
2, 1966, 80 Stat. 1119; Pub. L. 96-513, title V, Sec. 512(20), Dec. 12, 
1980, 94 Stat. 2930; Pub. L. 99-145, title XIII, Sec. 1301(b)(4)(A), 
Nov. 8, 1985, 99 Stat. 736; Pub. L. 101-510, div. A, title XV, 
Sec. 1533(a)(6), Nov. 5, 1990, 104 Stat. 1734; Pub. L. 104-316, title 
II, Sec. 202(g), Oct. 19, 1996, 110 Stat. 3842.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
4712(a)...............................  5:150j (words before 1st semicolon   Ju
ne 4, 1920, ch. 227, subch. II,
                                         of 1st par.; and last par.).         S
ec.  1 (Art. 112), 41 Stat. 809;
                                        5:150j (22 words after 1st            M
ay 5, 1950, ch. 169, Sec.   6(c),
4712(b)...............................   semicolon of 1st par.).              6
4 Stat. 145.
4712(c)...............................  5:150j (words between 1st and 2d
                                         semicolons of 1st par., less 1st
                                         22 words).
4712(d)...............................  5:150j (words between 2d and 3d
                                         semicolons of 1st par.).
4712(e)...............................  5:150j (words between 3d and 4th
                                         semicolons of 1st par.).
4712(f)...............................  5:150j (1st par., less words before
                                         4th semicolon, and less last 40
                                         words).
4712(g)...............................  5:150j (last 40 words of 1st par.).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``the court-martial jurisdiction of the 
Army or the Air Force at a place or command under the jurisdiction of 
the Army'' are substituted for the words ``military law'', to reflect 
the creation of a separate Air Force. Clause (2) is substituted for 
5:150j (last par.).
    In subsections (a), (b), and (d), the words ``surviving spouse'' are 
substituted for the word ``widow''.
    In subsection (c), the word ``may'' is substituted for the words 
``shall have authority to''. The words ``to the extent permitted'' are 
substituted for the words ``in so far as * * * will permit''. The words 
``under this article'' and ``upon its transactions'' are omitted as 
surplusage.
    In subsection (d), the words ``through the Quartermaster Corps'' are 
omitted, since the functions are no longer lodged in the Quartermaster 
Corps. The words ``if such be found by said court'' are omitted as 
surplusage. The words ``United States'' are substituted for the word 
``Government''. 5:150j (19 words before 3d semicolon of 1st par.) is 
omitted as covered by subsection (g).
    In subsection (e), the first 37 words are substituted for 5:150j (33 
words after 3d semicolon of 1st par.). The word ``may'' is substituted 
for the words ``shall have the authority''.
    In subsection (f), the words ``Soldiers' Home'' are inserted, since, 
as provided in section 4713 of this title, the Home is now the place 
where the mentioned articles are sent.


                               Amendments

    1996--Subsec. (g). Pub. L. 104-316 struck out subsec. (g) which read 
as follows: ``The summary court-martial shall make a full report of the 
transactions under this section, with respect to the deceased, to the 
Department of the Army for transmission to the General Accounting Office 
for action authorized in the settlement of accounts of deceased members 
of the Army.''
    1990--Subsec. (a)(2). Pub. L. 101-510, Sec. 1533(a)(6)(A), 
substituted ``a resident of the Armed Forces Retirement Home'' for ``an 
inmate of the United States Soldiers' and Airmen's Home''.
    Subsec. (f). Pub. L. 101-510, Sec. 1533(a)(6)(B), struck out ``for 
transmission to the United States Soldiers' and Airmen's Home'' after 
``Department of the Army'' and inserted at end ``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.''
    1985--Subsec. (d). Pub. L. 99-145 substituted new pars. (1) to (6) 
for former pars. (1) to (9) which read as follows:
    ``(1) Surviving spouse or legal representative.
    ``(2) Son.
    ``(3) Daughter.
    ``(4) Father, if he has not abandoned the support of his family.
    ``(5) Mother.
    ``(6) Brother.
    ``(7) Sister.
    ``(8) Next of kin.
    ``(9) Beneficiary named in the will of the deceased.''
    1980--Subsecs. (a)(2), (f). Pub. L. 96-513 substituted ``United 
States Soldiers' and Airmen's Home'' for ``Soldiers' Home''.
    1966--Subsec. (a). Pub. L. 89-718 substituted ``military law'' for 
``the court-martial jurisdiction of the Army or the Air Force''.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-510 effective one year after Nov. 5, 1990, 
see section 1541 of Pub. L. 101-510, set out as an Effective Date note 
under section 401 of Title 24, Hospitals and Asylums.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 2575 of this title; title 5 
section 5564; title 24 section 420; title 37 section 554.
