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Title 38 — Veterans’ Benefits

Part VI · Chapter 85 — Disposition of Deceased Veterans’ Personal Property

§ 8501. Vesting of property left by decedents

Statutory text

(a)

Personal property left by any decedent upon premises used as a Department facility, which premises are subject to the exclusive legislative jurisdiction of the United States and are within the exterior boundaries of any State or dependency of the United States, shall vest and be disposed of as provided in this subchapter, except that—

(1)

if such person died leaving a last will and testament probated under the laws of the place of such person’s domicile or under the laws of the State or dependency of the United States within the exterior boundaries of which such premises or a part thereof may be, the personal property of such decedent situated upon such premises shall vest in the person or persons entitled thereto under the provisions of such last will and testament; and

(2)

if such person died leaving any such property not disposed of by a last will and testament probated in accord with the provisions of paragraph (1) such property shall vest in the persons entitled to take such property by inheritance under and upon the conditions provided by the law of the decedent’s domicile. This paragraph shall not apply to property to which the United States is entitled except where such title is divested out of the United States.

(b)

Any officer or employee of the United States in possession of any such property may deliver same to the executor (or the administrator with will annexed) who shall have qualified in either jurisdiction as provided in subsection (a)(1); or if none such then to the domiciliary administrator or to any other qualified administrator who shall demand such property. When delivery shall have been made to any such executor or administrator in accordance with this subsection, neither the United States nor any officer or employee thereof shall be liable therefor.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 85–857 · 72 Stat. 1105

    Enacted · 38 U.S.C. § 8501

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1256, § 5201

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1256, § 5201

  2. Pub. L. 99–576 title VII § 701(93) · 100 Stat. 3248

    Substituted · 38 U.S.C. § 8501(a)(1)

    Pub. L. 99–576 substituted “such person’s” for “his”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 99–576 substituted “such person’s” for “his”.

    Enacted provision · exact public law section
    (93) Section 5201(a)(1) is amended by striking out “his” and inserting in lieu thereof “such person’s”.

  3. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 title IV § 402(b)(1) · 105 Stat. 187

    Changed · 38 U.S.C. § 8501

    Pub. L. 102–40 renumbered section 5201 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–40 renumbered section 5201 of this title as this section.

    Enacted provision · exact public law section
    (1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

  4. Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 8501(a)

    Pub. L. 102–83 substituted “Department” for “Veterans’ Administration” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83 substituted “Department” for “Veterans’ Administration” in introductory provisions.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

3 of 4 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1986–1991 · 2 rounds

1991

Pub. L. 102–40 renumbered section 5201 of this title as this section.

Subsec. (a). Pub. L. 102–83 substituted “Department” for “Veterans’ Administration” in introductory provisions.

1986

Subsec. (a)(1). Pub. L. 99–576 substituted “such person’s” for “his”.

Credits

1958–1991 · 4 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1256, § 5201
  2. 1986Pub. L. 99–576, title VII, § 701(93), , 100 Stat. 3299
  3. 1991renumbered § 8501, Pub. L. 102–40, title IV, § 402(b)(1), , 105 Stat. 238
  4. 1991Pub. L. 102–83, § 4(a)(3), (4), , 105 Stat. 404.
Show as published

(Pub. L. 85–857, , 72 Stat. 1256, § 5201; Pub. L. 99–576, title VII, § 701(93), , 100 Stat. 3299; renumbered § 8501, Pub. L. 102–40, title IV, § 402(b)(1), , 105 Stat. 238; Pub. L. 102–83, § 4(a)(3), (4), , 105 Stat. 404.)

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