Distribution in General: Deposit With Clerk for

Nonresidents, Absentees, Minors, etc. When property is assigned or distributed to a person residing out of, and having no agent in, the territory of Guam, or to a distributee who cannot be found or who refuses to accept the same or to give a proper voucher therefor, or to a minor or incompetent person who has no legal guardian to receive the same or person authorized to receipt therefor, and the same or any part thereof consists of money, the personal representative may deposit the money, in the name of the assignee or distributee, with the Clerk of the Superior Court, who shall give a receipt for the same, and be liable on his official bond therefor; and said receipt shall be received by the Superior Court as a voucher in favor of the personal representative in the territory of Guam, with the same force and effect as if executed by such assignee or distributee. SOURCE: Probate Code of Guam (1970), § 1060. COMMENT: Under § 1060 of the Probate Code of Guam (1970), the person who was to receive the money in the situation described was the Treasurer of Guam. The Commission has given the Clerk of the Superior Court that function, on the premise that under this Title the Clerk of the Superior Court exercises many general oversight functions in probate matters, and that this function can -- and should -- be with the Clerk as well.