Title 40 — Estates and Fiduciary Relations

(a) The estates of deceased persons shall be administered in the Trial Division of the High Court, which shall have exclusive jurisdiction over such estates. (b) The Trial Division of the High Court has jurisdiction to take proof of wills and grant letters testamentary, letters o…

The provisions of this chapter do not apply to communal property held under the Samoan custom. History: 1962, PL 7-21; readopted 1980, PL 16-88 § 1; 1982, PL 17-31 § 1.

(a) Letters of administration in case of intestacy, and letters of administration with will annexed, shall be granted to the person or persons entitled thereto in the following priority: (1) to the surviving spouse or some person designated by the surviving spouse; (2) to the nex…

No letters of administration, letters testamentary or letters of administration with will annexed may be issued to any person who has not reached the age of 21 years, any person who is not a resident of American Samoa, or any person who is mentally incompetent to execute the duti…

(a) If any person appointed as executor neither shows that he is qualified, or renounces his appointment within 60 days after his appointment, the Trial Division of the High Court shall, on application of an interested party, issue a citation to such party to show cause within 10…

(a) If no executor is appointed in a will offered for probate, or if at any time by reason of death, removal or any reason there is no executor qualified to act, the Trial Division of the High Court may issue letters of administration with will annexed to some suitable person or …

Petitions for letters of administration, letters testamentary or letters of administration with will annexed must be sworn to, and must set forth the following: (1) the date of the death of the decedent and whether he died testate or intestate; (2) that he was domiciled in Americ…

Before any person shall assume the duties of administrator, administrator with will annexed or executor, he shall take an oath before the Trial Division of the High Court that he will faithfully and honestly discharge the duties of his trust, and shall give a bond in such amount …

All letters shall be issued in the name of the Government, attested to in the name of the Trial Division of the High Court, signed by the Chief Justice, or the Associate Justice, and sealed with the seal of the High Court. History: 1962, PL 7-21; amd 1979, PL 16-53 § 15. Amendmen…

Every executor, administrator and administrator with will annexed shall, within 20 days after the granting of his letters, notify all persons having claims against the estate to exhibit them within 60 days from the date of the first publication of such notice. Notice shall be pub…

(a) Every executor, administrator and administrator with will annexed shall, within 3 months after he qualifies, return to the Trial Division of the High Court, under oath, a true, full and complete inventory of all property, real and personal, that has come into his hands during…

Every executor, administrator and administrator with will annexed shall have power to sell the personal estate which has come into his hands, under such terms and conditions as may be imposed by the Trial Division of the High Court. History: 1962, PL 7-21; amd 1979, PL 16-53 § 17…

(a) Real property in an estate may be sold only upon an order signed by the Trial Division of the High Court. (b) The court may not grant an application to sell real estate until all the personal property has been exhausted and the proceeds thereof found insufficient to pay the e…

Debts of a decedent must be paid in the following order: (1) debts which by law have a specific lien on the property of the estate; (2) funeral expenses and expenses of last illness; (3) taxes; (4) debts due the Government of the United States and the Government of American Samoa…

An executor, administrator or administrator with will annexed may be required to file his final account after two years from his qualification, at the instance of any interested party, but such account may be filed voluntarily at any time after the time within which claims may be…

After the final account has been audited and recorded, the Trial Division of the High Court shall make and file a decree of distribution, which shall name the persons entitled to the estate and the proportions or parts to which, each is entitled. Such decree shall be conclusive a…

The Trial Division of the High Court shall allow every executor, administrator or administrator with will annexed a commission upon all receipts and disbursements which shall appear to be fairly made in the courts of administration and in the proper discharge of the duties of the…

When a decedent leaves personal property, including but not limited to cash, bank or other accounts, wages or salary due, shares of stock or other interest in any business enterprise, and goods and chattels of any nature, of a total value not exceeding $10,000, and known debts if…

(a) Such sworn petition shall set forth the name, residence, and date of death of the decedent, and the names and addresses of the surviving spouse, children, brothers, and sisters of the decedent or, if none survived the decedent, the name, address and relationship of the neares…

Upon the filing of such petition, if it appears to the Court that the ends of justice will be served, the Court may issue an order, either without notice or after such notice as it deems proper, directing the transfer of the personal property to the petitioner, or to such other p…

Any person transferring property or money to petitioner under Court order may not incur liability thereby, or be held to account for the same by any person. History: 1962, PL 7-21; 1967, PL 10-16.

Any person upon whom demand is made to transfer money or other property under a court order, who denies the right of the petitioner or other transferee to receive the same shall, within 10 days of the demand to transfer being made upon him, file his answer in the Court that issue…

If the transferee finds, after receipt of the personal property, that the debts of the decedent exceed the value of the property received, he shall make no further distribution of the same, but shall at once report the facts to the Court that issued the transfer order, setting fo…

A transferee shall be personally responsible for property received by him pursuant to a transfer order. History: 1962, PL 7-21; 1961, PL 10-16.

Any party claiming an interest in transferred property may, after demand, maintain an action against the transferee, but no action shall be brought after 2 years from the date of the order under which the property was transferred. History: 1962, PL7-21;1967, PL 10-16.

(a) If the value of the estate of decedent does not exceed $1,000, the surviving spouse, or the children of the decedent if there is no surviving spouse, if entitled by inheritance or by the last will and testament of the decedent to any money of the decedent on deposit in the De…