Partition Before Distribution: Parties Entitled to Petition

15 GCA § 2911, under Advancements, Ademption, Partition Before Distribution.

15 GCA § 2911

When two or more heirs, devises or legatees are entitled to the distribution of undivided interests in any real or personal property of the decedent and they have not agreed among themselves, before distribu-

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tion, to a partition, allotment or other division thereof, any one or more of them, or the personal representative, at the request of any one or more of them, may petition the Superior Court to make such partition, allotment or division of the property as will be equitable and will avoid the distribution of undivided interests. SOURCE: Probate Code of Guam (1970), § 1100. COMMENT: Sections 2911 - 2929, inclusive, have been largely taken from §§ 1100 - 1106 of the Probate Code of Guam (1970). The only change made by the Commission has been a slight alteration of the wording of § 2913, following the California model; see Comment to § 2913. The other changes to §§ 2911 - 2923, inclusive, have been made merely to indicate that the provisions of those Sections cover a different subject-matter area than the provisions of §§ 2901 - 2909, inclusive. Under the Probate Code of Guam (1970) this was not a problem, because the provisions concerning partition before distribution occupied their own chapter. The Commission has conflated these provisions with the provisions concerning advancements and ademptions into a single Chapter for the sake of convenience and efficiency; however, it is not the Commission's intention to alter the substantive provisions of either subject-matter area to any greater extent than might be gleaned from the texts of the Sections in Chapter 29, or from the Comments thereto.