Time for Filing. When a right of any person depends upon the death of another, such person may file with the Clerk of the Superior Court a petition setting forth the facts giving rise to the presumption that the other person is dead and praying that such other person's death be judicially ascertained and established by the Superior Court. Such petition may be filed at any time, and except as provided hereinbelow, the fee payable for the filing of such petition shall be the same as that payable for the filing of a civil action under applicable law or rule of court; provided, that if proceedings for the administration of the presumed decedent's estate are pending in the Superior Court, such petition may be filed in said proceedings without additional fee by such person or by the personal representative, at any time prior to the filing of a petition for final distribution in said proceedings. SOURCE: Probate Code of Guam (1970), § 1193; California Probate Code, § 1171 (as amended); Guam Law Revision Commission. COMMENT: The portion of § 3209 following the semicolon in the second sentence has been adapted from § 1171 of the California Probate Code. The portion of the second sentence prior to the semicolon has been added by the Commission. The first sentence has been taken from § 1193 of the Probate Code of Guam (1970).
COL4132017 DISTRIBUTION; ESTABLISHING FACT OF DEATH