US Code
CHAPTER 53— MISCELLANEOUS RIGHTS AND BENEFITS
§ 1044d. Military testamentary instruments: requirement for recognition by States

(a) Testamentary Instruments To Be Given Legal Effect.—A military testamentary instrument—(1) is exempt from any requirement of form, formality, or recording before probate that is provided for testamentary instruments under the laws of a State; and
(2) has the same legal effect as a testamentary instrument prepared and executed in accordance with the laws of the State in which it is presented for probate.
(b) Military Testamentary Instruments.—For purposes of this section, a military testamentary instrument is an instrument that is prepared with testamentary intent in accordance with regulations prescribed under this section and that—(1) is executed in accordance with subsection (c) by (or on behalf of) a person, as a testator, who is eligible for military legal assistance;
(2) makes a disposition of property of the testator; and
(3) takes effect upon the death of the testator.
(c) Requirements for Execution of Military Testamentary Instruments.—An instrument is valid as a military testamentary instrument only if—(1) the instrument is executed by the testator (or, if the testator is unable to execute the instrument personally, the instrument is executed in the presence of, by the direction of, and on behalf of the testator);
(2) the execution of the instrument is notarized by—(A) a military legal assistance counsel;
(B) a person who is authorized to act as a notary under section 1044a of this title who—(i) is not an attorney; and
(ii) is supervised by a military legal assistance counsel; or
(C) a State-licensed notary employed by a military department or the Coast Guard who is supervised by a military legal assistance counsel;
(3) the instrument is executed in the presence of at least two disinterested witnesses (in addition to the person notarizing the instrument in accordance with paragraph (2)), each of whom attests to witnessing the testator’s execution of the instrument by signing it; and
(4) the instrument is executed in accordance with such additional requirements as may be provided in regulations prescribed under this section.
(d) Self-Proving Military Testamentary Instruments.—(1) If the document setting forth a military testamentary instrument meets the requirements of paragraph (2), then the signature of a person on the document as the testator, an attesting witness, a notary, or the presiding attorney, together with a written representation of the person’s status as such and the person’s military grade (if any) or other title, is prima facie evidence of the following:(A) That the signature is genuine.
(B) That the signatory had the represented status and title at the time of the execution of the will.
(C) That the signature was executed in compliance with the procedures required under the regulations prescribed under subsection (f).
(2) A document setting forth a military testamentary instrument meets the requirements of this paragraph if it includes (or has attached to it), in a form and content required under the regulations prescribed under subsection (f), each of the following:(A) A certificate, executed by the testator, that includes the testator’s acknowledgment of the testamentary instrument.
(B) An affidavit, executed by each witness signing the testamentary instrument, that attests to the circumstances under which the testamentary instrument was executed.
(C) A notarization, including a certificate of any administration of an oath required under the regulations, that is signed by the notary or other official administering the oath.
(e) Statement To Be Included.—(1) Under regulations prescribed under this section, each military testamentary instrument shall contain a statement that sets forth the provisions of subsection (a).
(2) Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to a testamentary instrument that does not include a statement described in that paragraph.
(f) Regulations.—Regulations for the purposes of this section shall be prescribed jointly by the Secretary of Defense and by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy.
(g) Definitions.—In this section:(1) The term “person eligible for military legal assistance” means a person who is eligible for legal assistance under section 1044 of this title.
(2) The term “military legal assistance counsel” means—(A) a judge advocate (as defined in section 801(13) of this title); or
(B) a civilian attorney serving as a legal assistance officer under the provisions of section 1044 of this title.
(3) The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and each possession of the United States.

Structure US Code

US Code

Title 10— ARMED FORCES

Subtitle A— General Military Law

PART II— PERSONNEL

CHAPTER 53— MISCELLANEOUS RIGHTS AND BENEFITS

§ 1030. Bonus to encourage Department of Defense personnel to refer persons for appointment as officers to serve in health professions

§ 1031. Administration of oath

§ 1032. Disability and death compensation: dependents of members held as captives

§ 1033. Participation in management of specified non-Federal entities: authorized activities

§ 1034. Protected communications; prohibition of retaliatory personnel actions

§ 1035. Deposits of savings

[§ 1036. Repealed. , , ]

§ 1037. Counsel before foreign judicial tribunals and administrative agencies; court costs and bail

§ 1038. Service credit: certain service in Women’s Army Auxiliary Corps

§ 1039. Crediting of minority service

§ 1040. Transportation of dependent patients

§ 1041. Replacement of certificate of discharge

§ 1042. Copy of certificate of service

§ 1043. Service credit: service in the National Oceanic and Atmospheric Administration or the Public Health Service

§ 1044. Legal assistance

§ 1044a. Authority to act as notary

§ 1044b. Military powers of attorney: requirement for recognition by States

§ 1044c. Advance medical directives of members and dependents: requirement for recognition by States

§ 1044d. Military testamentary instruments: requirement for recognition by States

§ 1044e. Special Victims’ Counsel for victims of sex-related offenses

§ 1044f. Policies with respect to special trial counsel

§ 1045. Voluntary withholding of State income tax from retired or retainer pay

§ 1046. Overseas temporary foster care program

§ 1047. Allowance for civilian clothing

§ 1048. Gratuity payment to persons discharged for fraudulent enlistment

§ 1049. Subsistence: miscellaneous persons

[§ 1050. Repealed. , , ]

[§§ 1050a to 1051a. Repealed. , , ]

[§ 1051b. Renumbered § 313]

[§ 1051c. Repealed. , , ]

§ 1052. Adoption expenses: reimbursement

§ 1053. Financial institution charges incurred because of Government error in direct deposit of pay: reimbursement

[§ 1053a. Repealed. , , ]

§ 1054. Defense of certain suits arising out of legal malpractice

§ 1055. Waiver of security deposits for members renting private housing; authority to indemnify landlord

§ 1056. Relocation assistance programs

§ 1056a. Reintegration of recovered Department of Defense personnel; post-isolation support activities for other recovered personnel

§ 1057. Use of armed forces insignia on State license plates

§ 1058. Responsibilities of military law enforcement officials at scenes of domestic violence

§ 1059. Dependents of members separated for dependent abuse: transitional compensation; commissary and exchange benefits

§ 1060. Military service of retired members with newly democratic nations: consent of Congress

§ 1060a. Special supplemental food program

§ 1060b. Military ID cards: dependents and survivors of retirees

§ 1060c. Provision of veterinary services in emergencies