Absentee or Minor Named as Executor; Appointment of

Interim Executor or Administrator With the Will Annexed; Effect of Removal of Disability. (a) When a natural person who is incompetent to serve as an execu- tor pursuant to the provisions of Section 1701(c) of this Title is named in a will as an executor, and there is another executor named in the will who accepts the trust and qualifies, the latter may be granted letters testamentary and administer the estate until the person formerly incom- petent to serve as executor pursuant to the provisions of Section 1701(c) of this Title becomes competent so to serve, at which time such person may, upon proper petition therefor and in the discretion of the Superior Court of Guam, be granted letters testamentary as a co-executor. (b) When a natural person who is incompetent to serve as an executor pursuant to the provisions of Section 1701(c) of this Title is named in a will as an executor, and there is no other executor named in the will, letters of administration with the will annexed must be granted; but the Superior Court of Guam may in its discretion revoke such letters when the person formerly incompetent to serve as an executor pursuant to the provisions of Section 1701(c) of this Title becomes competent so to serve, and grant letters testamentary to such person, upon proper petition therefor. SOURCE: Probate Code of Guam (1970), § 405; Guam Law Revision Commission.