GuamBill No. 80-38 (COR)38th Guam Legislature (2025-2026)legislature

AN ACT TO AMEND §§ 3101 AND 3103 OF ARTICLE 1, AND §§ 3109, 3111, 3113, 3115, 3117, 3119, 3121, 3123 AND 3125 OF ARTICLE 2, CHAPTER 31, TITLE 15, GUAM CODE ANNOTATED, RELATIVE TO INCREASING THE THRESHOLDS FOR ESTATES OF SMALL VALUE BY FIFTY PERCENT (50%)

Sponsored By: V. Anthony Ada (Republican)

Became Law

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 1 costs, 0 mixed.

Faster bank access for surviving spouses

If the whole estate is $52,500 or less, a surviving spouse can collect up to $3,750 from a bank, credit union, or savings institution in Guam without probate letters. The spouse must give the institution an affidavit showing the right to the money.

Faster small estate set-aside for families

The law raises the small-estate set-aside cap to $112,500 after liens and any homestead are subtracted. Property held in joint tenancy, life estates, and other interests that end at death are not counted. If the net estate is $112,500 or less and final bills are paid, the court assigns the whole estate to the surviving spouse (if not remarried) or to minor children, and title vests subject to existing mortgages or liens. An executor, spouse, or guardian may file a sworn petition, and an inventory and appraisal are required. Hearing notices must clearly state when a set‑aside is requested, and separate set‑aside petitions are scheduled and noticed with related petitions when possible. If the net estate is over $112,500 or there is no spouse or minor child, the case goes through normal probate.

Small-estate affidavit up to $112,500

If the decedent left no real property or liens in Guam and the Guam property is $112,500 or less after excluding any motor vehicle, amounts due for U.S. armed forces service, and up to $6,000 of salary (including unused vacation), eligible heirs can use a small‑estate affidavit instead of probate letters. Eligible people include a surviving spouse, children, parents, siblings, certain guardians, and some trustees named for those relatives.

Debt liability after small-estate set-aside

If you take title under a small‑estate set‑aside, you are personally liable for the decedent’s unsecured debts up to the estate’s value at death after subtracting liens, encumbrances, and any homestead or set‑apart property. This liability ends one year after title vests, except for lawsuits already in court then. You may use any defenses, counterclaims, or set‑offs the decedent had.

Sponsors & Cosponsors

Sponsor

V. Anthony Ada
Republican • legislature

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 0 • No: 0

legislature vote • 6/3/2025

Floor Vote