All Roll Calls
Yes: 0 • No: 0
GuamBill No. 23-38 (COR)38th Guam Legislature (2025-2026)legislatureWALLET
AN ACT TO ADD A NEW ARTICLE 4 TO CHAPTER 33, TITLE 15, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING THE UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT, AND TO ADOPT A STANDARDIZED FORM FOR THE TRANSFER ON DEATH DEED.
Sponsored By: Shelly V. Calvo (Republican)
Became Law
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 1 costs, 1 mixed.
Transfer-on-death deeds for Guam homeowners
This law lets you name who gets your Guam real estate when you die using a transfer-on-death deed. To be valid, the deed must include normal deed details, say the transfer happens at death, be notarized, and be recorded or filed with the Department of Land Management before you die. It is not a will and does not give the beneficiary any rights while you are alive; you keep full control and it does not affect public benefits. You can revoke it while alive, but only by recording a later transfer-on-death deed, a recorded revocation, or another deed that clearly revokes it; all living co-owners must revoke a deed they signed together. Use the optional standard forms and a notary, and no delivery, notice, acceptance, or payment is needed during life. The law is in effect now.
Debts and title rules for transfer-on-death property
A beneficiary takes the property subject to all mortgages, liens, contracts, and other claims already on it. The transfer carries no warranty of title, so the beneficiary may need to fix or insure against title problems. If the estate cannot pay allowed debts or a spouse/child allowance, creditors can reach property that passed by the deed, split among multiple properties by each one’s net value. Creditors must start any action within 18 months after death.
Who inherits under a transfer-on-death deed
At death, your interest passes to the named beneficiary only if they outlive you. If you name several beneficiaries, they take equal shares with no survivorship, and any lapsed share is split among the rest. If you co-own with a right of survivorship and another joint owner survives you, they take the property and the transfer-on-death deed has no effect; it works only when you are the last surviving joint owner. A beneficiary may refuse (disclaim) all or part of what they were to receive.
Sponsors & Cosponsors
Sponsor
Shelly V. Calvo
Republican • legislature
Cosponsors
Chris “Malafunkshun” Barnett
Democrat • legislature
Christopher M. Dueñas
Republican • legislature
Eulogio Shawn Gumataotao
Republican • legislature
Frank F. Blas Jr.
Republican • legislature
Jesse A. Lujan
Republican • legislature
Joe S. San Agustin
Democrat • legislature
Sabina F. Perez
Democrat • legislature
Sabrina Salas Matanane
Republican • legislature
Telo T. Taitague
Republican • legislature
Therese M. Terlaje
Democrat • legislature
Tina Rose Muña-Barnes
Democrat • legislature
V. Anthony Ada
Republican • legislature
Vincent A.V. Borja
Republican • legislature
William A. Parkinson
Democrat • legislature
Roll Call Votes
legislature vote • 6/3/2025
Floor Vote
Yes: 0 • No: 0
Actions Timeline
Referred to committee
1/13/2025legislatureIntroduced as Bill No. 23-38 (COR)
1/13/2025legislatureEnacted into law
GovernorTransmitted to Governor
legislatureCommittee report filed
legislature
Bill Text
Introduced
1/13/2025
Committee Report
Enrolled (Public Law)
Transmittal
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