Who May Petition For Probate of Will

Any executor, devisee or legatee named in a will, or any other person interested in the estate, may, at any time after the testator's death, petition the Superior Court of Guam for the probate of the testator's will and that letters testamentary or letters of administration with the will annexed be granted to the petitioner, whether the testator's will be in the petitioner's possession or not, lost or destroyed, or beyond the jurisdiction of the territory of Guam. SOURCE: Probate Code of Guam (1970), § 323; Guam Law Revision Commission. COURT DECISIONS: SUPER.CT. 1983 Because the will in question was admitted to probate and opposition to it withheld because of an agreement recited in open court; then the agreement failed, the will is not deemed admitted and, in order for it to do so, the petition for admissions of probate must be filed as if no action had been commenced. Estate of Sayama, Pr. #104-82. COMMENT: The only substantive change to § 323 of the Probate Code of Guam (1970) is the deletion of language concerning nuncupative wills, which is no longer necessary under the provisions of this Title.