Property; Notice of Claim of Another Under Decedent's Will; Such Property Treated as If It Were Surviving Spouse's Separate Property. After ninety (90) calendar days from death of a married person, the surviving spouse of such person or the personal representative or guardian of the estate of such surviving spouse shall have full power to sell, lease, mortgage or otherwise deal with and dispose of the community real property, unless a notice is recorded in the Department of Land Management of the Government of Guam to the effect that an interest in the property is claimed by another under the will of the deceased spouse. Such notice must also describe the property in which such interest is claimed, and set forth the name or names of the owner or owners of the record title to the property. There shall be endorsed upon such notice instructions that it shall be indexed by the Department of Land Management of the Government of Guam in the name or names of the owner or owners of the record title to the property, as grantor or grantors, and in the name of the person claiming an interest in the property, as grantee. The right, title and interest of any grantee, purchaser, encumbrancer, or lessee shall be as free of rights of devisees or creditors of the deceased spouse to the same extent as if the property had been owned as the separate property of the surviving spouse. SOURCE: California Probate Code § 203 (as amended); Guam Law Revision Commission.
COL120106
COMMENT: See Comment to § 1005, supra, as similar considerations apply to § 1007. Note that in the California version of the Section, the time limitation set forth in the first sentence is forty days; this has been expanded to ninety days in the Guam version, as the Commission was of the opinion that a ninety-day period is a more realistic limitation in Guam, but does not impose an unreasonable restraint on alienation of real property.