Appointment of Attorney for Service of Process. (a) Removal from and residence without Guam by an executor who was formerly a resident, is equivalent to and shall constitute an appointment by such executor of his Guam attorney of record to be his
COL120106 ADMINISTRATORS WITH THE WILL ANNEXED true and lawful attorney, upon whom may be served all lawful processes and notices of motion in any action or proceeding against such executor with respect to the estate or founded upon or arising out of his acts or omissions as such executor; provided, that if such executor has no Guam attorney of record, the provisions of subsection (b) of this Section shall apply in lieu of the provisions of this subsection. (b) Removal from and residence without Guam by an executor who was formerly a resident, and who has no Guam attorney of record, is equivalent to and shall constitute an appointment by such executor of the Attorney General of Guam to be his true and lawful attorney, upon whom may be served all lawful processes and notices of motion in any action or proceeding against such executor with respect to the estate or founded upon or arising out of his acts or omissions as such executor. (c) The appointments referred to in subsections (a) and (b) of this Section shall be irrevocable for so long as such executor resides without Guam, and shall be binding upon the personal representative of such executor. (d) As used in this Section, "Guam attorney of record" means an attorney at law, duly admitted to the practice of law in Guam, who has entered an appearance on behalf of the executor in the matter of the estate of a decedent or otherwise manifested to the satisfaction of the Superior Court of Guam that he represents the executor in such a matter. SOURCE: California Probate Code, § 405.1; Guam Law Revision Commission. COMMENT: Section 1701, supra, provides that natural persons must be Guam residents, and physically present in Guam, to be appointed executors. The Commission notes, however, that people move to and from Guam, and is of the opinion that this Title should contain provisions to cover that situation. The Com- mission has therefore adapted for Guam several provisions which were added to California law in 1963 (California Probate Code §§ 405.1 -405.6); § 1709 is the first of these provisions. The underlying notion is to keep probate cases moving forward expeditiously toward their conclusions. Note that under the provisions of § 1701(d), supra, the letters of an executor who removes from Guam may be revoked. Such revocation is not, however, automatic; §§ 1709 through 1715, inclusive, are thus necessary even in light of the provisions of § 1701(d), to cover the situation wherein the letters of an executor who removes from Guam are not revoked. Also note that the provisions of §§ 1709 through 1715, inclusive, also apply to administrators with the will annexed (see § 1725(d),) and to administrators (see § 1819.)
COL120106 ADMINISTRATORS WITH THE WILL ANNEXED