One Entitled; Priority of Nominees; Procedure for Nomination. Letters of administration may be granted to one or more competent persons, although not otherwise entitled to the same, at the written request of the person entitled or of a child, grandchild, parent, brother or sister of the decedent who would be entitled but for his nonresidence in Guam, filed in the Superior Court of Guam. If the person making the request referred to hereinabove is a child, grandchild, parent, brother or sister of the decedent, the nominee shall have priority next after those in the class of the person making the request; otherwise the Superior Court of Guam, in its discretion, may grant letters of administration either to such nominee or to a person of a class subsequent in rank to that of the person making the request, but other persons of the class of the person making the request shall have priority over such nominee. SOURCE: California Probate Code, § 423 (as amended). COMMENT: The only substantive alteration to § 423 of the Probate Code of Guam (1970) is the addition of the language A...or of a child, grandchild, parent, brother or sister of the decedent who would be entitled but for his nonresidence in Guam....@ As nonresidents are not entitled to letters of administration (see §§ 1801, 1701), the addition of this language is necessary to ensure that nonresident relatives
COL120106 Ch. 18 APPOINTMENT OF ADMINISTRATORS
have the same power to nominate a person to administer the estate as do resident relatives.