Title 40 — Estates and Fiduciary Relations

Any person of full age and sound mind may dispose by will of all his property, subject to the right of dower in the surviving spouse, and subject to the provisions of 37.0201 et seq. History: 1962, PL 7-21; readopted 1980, PL 16-88 § 1; 1982, PL 17-31 § 1.

All wills, except wills involving personal property with a total value of not more than $300, must be in writing, signed by the testator or some person in his presence and by his express direction, and the signature of the testator, or the person acting for him must be witnessed …

One-third in value of all the legal or equitable estate in real or personal property possessed by a decedent at the time of his death shall be set apart to the surviving spouse in fee simple, subject to the provisions of 37.0201 et seq., regarding alienation of land. This right o…

When the surviving spouse is named as a devisee or legatee in a will, it shall be presumed that such devise or legacy is in lieu of dower, but this presumption may be overcome by clear and explicit evidence of a contrary intention on the part of the testator. History: 1962, PL 7-…

A surviving spouse may elect to take dower instead of property devised or bequeathed to such spouse. The election must be made by filing with the Clerk of the High Court a written notice of intention to take dower within 90 days after the admission of the will to probate. History…

The provisions of this chapter shall 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.

When any person having any title to any personal property dies without disposing of such personal property by will, it shall be succeeded to and must be distributed, subject to the payment of debts, in the following manner: (a) Subject to dower, the children of the intestate and …

When any person having any title to any real property dies without disposing of such real property by will, it shall be succeeded to and must be distributed, subject to the payment of debts and the rights of dower, in the following manner: (a) All real property shall lineally des…

If there is no one capable of succeeding to either real or personal property under the provisions of 40.0201 and 40.0202, the real and personal property of the decedent shall escheat to the government as the ultimate heir. History: 1962, PL 7-21; readopted 1980, PL 16-88 § 1; 198…

Whenever under the provisions of this chapter, any persons shall succeed to either real or personal property by right of representation, distribution shall be made per stirpes and not per capita. History: 1962, PL 7-21; readopted 1980, PL 16-88 § 1; 1982, PL 17-31 § 1.

No person may succeed to either real or personal property of a decedent unless such person was in life at the death of the decedent or born within 10 lunar months after the death of the decedent. History: 1962, PL 7-21; readopted 1980, PL 16-88 § 1; 1982, PL 17-3 1 § 1.

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) 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…

The age of majority of males and females in American Samoa is 18 years. The Trial Division of the High Court, when it appears necessary or convenient, may appoint a guardian of the person and estate, or either, of a minor or of a person who is for any cause mentally or physically…

(a) Guardianship proceedings shall be administered in the Trial Division of the High Court, which shall have exclusive jurisdiction over guardianships. (b) The Trial Division of the High Court shall have jurisdiction over guardianships when the ward is domiciled in or owns proper…

No letters of guardianship 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 duties of such trust. History: 1962, PL 7-21.

Before any person shall assume the duties of guardian, 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 as shall be required by the Trial Division of the …

All letters shall be issued in the name of the government, shall be attested to in the name of the Trial Division of the High Court, shall be 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…

Every guardian shall file an annual inventory and account, under oath, of the amount of property received by him and his receipts and disbursements for the past year. History: 1962, PL 7-21.

Every guardian 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, PL7-21; amd 1979, PL 16-53 § 26. Amendments: 1979 Substituted “Trial Division” for …

Real estate may be sold only upon an order signed by the Trial Division of the High Court. 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 estate debts. Sales of r…

The Trial Division of the High Court shall allow every guardian 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 trust. Such commission shall not exceed 2½ percen…

The provisions of this title 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. Reviser’s Comment: The law dealing with alienation of land contained in the A.S.C.A. as recodified by the Legisla…

As used in this chapter, unless the context clearly requires otherwise. (1) “Personal property” means money, negotiable instruments, chooses in action, interest, debts or demands due to the escheated estate, stocks, bonds, deposits, machinery, farm crops, live stock, fixtures, an…

(a) If any person, who, at the time of his death, is the owner of any personal property in this Territory, and died, intestate, without heirs or known kindred, capable of inheriting the same, and without leaving a surviving spouse, such personal property, shall escheat to the Ter…