Sales of Personal Property: Perishable and Depreciating

Property; Sale Without Notice or Confirmation. (a) Perishable property of an estate, and other personal property of an estate which will depreciate in value if not disposed of promptly or which will incur loss or expense by being kept, and so much other personal property of an estate as may be necessary to provide the family allowance pending the receipt of other specific funds, may be sold without notice, and title shall pass without confirmation of such sale by the Superior Court; but the personal representative is responsible for the actual value of such property unless, after making a return of sale as provided in other cases by this Chapter, and on a proper showing, the Superior Court shall approve the sale. (b) The property of an estate referred to in subsection (a) of this Section shall include, but is not limited to, automobiles. SOURCE: Subsection (a): Probate Code of Guam (1970), § 770. Subsection (b): Guam Law Revision Commission. COMMENT: Subsection (a) of § 2331 merely continues the prior law as set forth in § 770 of the Probate Code of Guam (1970). Subsection (b) is new: it sets forth specifically that automobiles are included in the type of property that may be sold without notice or confirmation. This has been the case, at least de facto, for a number of years in Guam; the Commission sees no reason it should not be made statutory. Also see Comment to § 2335, infra.