Referee; Powers of Court; Effect. If the personal representative doubts the correctness of any claim filed or presented, or if the claim has been rejected in whole or in part, or if the claim may at the option of the claimant be deemed rejected as provided in Section 2533 of this Title, the personal representative may enter into an agreement in writing with the claimant to refer the matter in controversy to some disinterested person, to be approved by the Superior Court of Guam, which agreement and approval shall be filed with the Clerk of the Superior Court, who shall thereupon enter an order referring the matter in controversy to the person so selected; or, if the parties consent, a reference may be had in the Superior Court. The referee shall hear and determine the matter, and make a report thereon to the Superior Court. The same proceedings shall be had in all respects, and the referee shall have the same powers, and be entitled to the same compensation and subject to the same control, as in other cases of reference. The Superior Court of Guam may remove the referee, appoint another in his place, set aside or confirm his report, and adjudge cases, as in actions against personal representatives. The judgment of the Superior Court of
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Guam thereon shall be as valid and effectual, in all respects, as if the same had been rendered in a suit commenced by ordinary process. However, if confirmed, the report of the referee merely establishes or rejects the claim, the same as if it had been allowed or rejected by the personal representative and the Superior Court. SOURCE: California Probate Code, § 718 (as amended through 1968, without subsection (2).) COMMENT: Section 718 of the California Probate Code has been twice amended, in 1968 and 1969. The 1968 amendment was a major amendment, whereas the 1969 amendment merely made two minor changes in language. Section 2545 reflects one of the two major changes made to the California version in 1968: the addition, in the introductory sentence, of the words, A...or if the claim has been rejected in whole or in part, or if the claim may at the option of the claimant be deemed rejected as provided in Section [2533 of this Title]....@ The effect of this addition is to allow more cases to come to reference, at the personal representative's option. The 1968 amendment to § 718 of the California Probate Code also added a new subsection, which allows the personal representative to refer the same classes of matters to a commissioner or referee A...who is regularly attached to the court,@ or to a judge pro tempore. In that Guam has neither such officer attached to its court system, such an alteration to Guam's statute is unnecessary, although similar provisions should be added if either such officer comes into existence in Guam.