Renewal and Modification; Wrongful Death or Personal Injury of Decedent; Compromise and Settlement of Claims; Procedure. (a) If a debtor of the decedent is unable to pay all his debts, the personal representative may, with the approval of the Superior Court of Guam obtained pursuant to the provisions of subsection (c) of this Section, give such debtor a discharge, upon such terms as may appear to the Superior Court of Guam to be for the best interest of the estate. A compromise, including the compromise of any claim of the estate against the United States or the territory of Guam, or any agency or instru- mentality of either, may also be authorized by the Superior Court of
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Guam when it appears to be just and for the best interest of the estate; provided, that such authorization must be obtained pursuant to the provisions of subsection (c) of this Section. The Superior Court of Guam may also authorize the personal representative, on such terms and conditions as may be approved by the Superior Court of Guam, to extend or renew, or in any manner modify the terms of, any obligation running in favor of the decedent or the decedent's estate, provided, that such authorization and approval must be obtained pursuant to the provisions of subsection (c) of this Section. (b) A personal representative shall have power, with the approval of the Superior Court of Guam obtained pursuant to the provisions of subsection (c) of this Section, to compromise and settle all claims or rights of action given to such personal representative by any law for the wrongful death or injury of the decedent, including any action brought by such personal representative in attempting enforcement thereof. Such power shall include the giving of a covenant not to sue. (c) To obtain the approval or authorization referred to hereinabove in this Section, the personal representative shall file in the Superior Court of Guam a verified petition, showing the advantage of the settlement, compromise, extension, renewal or modification (in the case of an approval or authorization required by the provisions of subsection (a) of this Section), or showing the amount of money proposed to be paid (in the case of an approval required by the provisions of subsection (b) of this Section.) The Clerk of the Superior Court of Guam shall set the petition for hearing, and notice thereof shall be given in the manner provided in Section 3401 of this Title. SOURCE: Subsection (a): California Probate Code, § 578 (as amended). Subsection (b): California Probate Code, § 578a. Subsection (c): Id.; Guam Law Revision Commission. COMMENT: See Comment to § 1515, supra, concerning the revised notice provisions contained in this Title.