Subject to Administration; Claim of Another Jurisdiction. (a) Subject to the provisions of subsection (b) of this Section, all intangible property owned by the decedent that is subject to the control of the Superior Court of Guam for purposes of administration and disposition under Division 3 of this Title escheats to the Government of Guam in accordance with the provisions of Section 1201 of this Title whether or not the decedent was domiciled in Guam at the time of the decedent's death.
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(b) The property described in subsection (a) of this Section does not escheat to the Government of Guam but goes to another jurisdiction if the other jurisdiction claims such property and establishes that: (1) Such other jurisdiction is entitled to such property under its laws; (2) The decedent was domiciled in such jurisdiction at the time of the decedent's death; and (3) The Government of Guam has the right to escheat and take intangible property being administered as part of a decedent's estate in such jurisdiction if such decedent were domiciled in Guam at the time of such decedent's death. SOURCE: California Probate Code, § 236. COMMENT: Under subsection (a) of § 1213, for example, even if the decedent were domiciled in another State or jurisdiction, the decedent's Guam bank account escheats to the Government of Guam. Subsection (a), however, is subject to the provisions of subsection (b), which permits the State or other jurisdiction of the decedent's domicile to claim the property if it wishes to do so. However, the conditions of subsection (b) make it clear that Guam will not relinquish such property to the State or other jurisdiction of domicile unless that State or other jurisdiction would recognize Guam's claim under § 1211 to escheat intangibles subject to that State's or jurisdiction's jurisdiction. Subsection (b) of § 1213 requires the State or other jurisdiction claiming the property to establish the matters listed in subsections (b)(1), (2) and (3). Thus, the State or other jurisdiction must be able to demonstrate that, under its statutory or decisional law, Guam has a reciprocal right to escheat intangibles subject to the jurisdiction of that State or other jurisdiction. If the State or other jurisdiction cannot show that Guam has such a reciprocal right -- if its law is inconclusive -- it has not established the matters required by subsection (b) and the property escheats to Guam under subsection (a). ----------
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