Claims of Personal Representative; Procedure; Action by

Judge; Action on Claim if Rejected. If the personal representative is a creditor of the decedent, he shall file his claim with the Clerk of the Superior Court, who must present it for allowance or rejection to a judge of the Superior Court. Its allowance by the judge is sufficient evidence of its correctness, and it must be paid as other claims in due course of administration. If the judge rejects the claim, action thereon may be had against the estate by the claimant, and summons must be served upon the judge who rejected the claim, who shall appoint an attorney, at the expense of the estate, to defend the action. If the claimant fails to recover, he must pay all costs, including defendant's reasonable attorney's fees, to be fixed by the Superior Court. SOURCE: California Probate Code, § 703; Guam Law Revision Commission. COMMENT: Section 703 of the Probate Code of Guam (1970) did not contain provisions about what was to happen if the court rejected a claim made by the personal representative who is also the decedent's creditor. The Commission has added the second part of § 2509 to remedy that lack, as well as the final provisions -- i.e., those concerning attorney's fees. These provisions are intended to discourage overreaching claims by a personal representative cum creditor.