Title 15 — Estates and Probate
51 chapters · 695 sections in this title.
15 GCA § 1601 Filing Opposition to Probate; Service; Pre-trial Procedures
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At any time before the hearing of a petition for probate and for the grant of letters testamentary, or of letters of administration with the will annexed in the first instance, any person interested may contest the will by filing written grounds of opposition to the probate there…
15 GCA § 1603 Trial of Contest
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In the trial of a contest filed before the hearing of a petition for probate and for the grant of letters testamentary or of letters of administration with the will annexed, as provided in Section 1601 of this Title, the contestant is the plaintiff and the petitioner is defendant…
15 GCA § 1605 Subscribing Witnesses to Testify; Other Evidence Permitted
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Where Subscribing Witnesses are Unavailable. (a) At the trial of a contest filed before the hearing of a petition for probate and for the grant of letters testamentary or of letters of administration with the will annexed, as provided in Section 1601 of this Title, all of the sub…
15 GCA § 1607 Judgment
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Upon trial of the issues joined in a contest which was filed before the hearing of a petition for probate and for the grant of letters testamentary or of letters of administration with the will annexed, as provided in Section 1601 of this Title, the Superior Court of Guam shall r…
15 GCA § 1609 Subscribing Witnesses' Testimony to be Perpetuated; Uses of
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Such Perpetuated Testimony in Subsequent Contest. The testimony of each subscribing witness who has testified at the trial of a contest which was filed before the hearing of a petition for probate and for the grant of letters testamentary or of letters of administration with the …
15 GCA § 1611 Who May Contest; Contents of Petition; Limitation of Time
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to File. When a will has been admitted to probate, any interested person, other than a party to a contest before probate and other than a person who had actual notice of such previous contest in time to have joined therein, may, within one hundred eighty (180) calendar days after…
15 GCA § 1613 Citation to Personal Representative, Devisees, Legatees and
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Heirs. Within ten (10) calendar days following the timely filing of the petition provided in Section 1611 of this Title, the Clerk of the Superior Court of Guam shall issue a citation directed to the executor of the will or to the administrator with the will annexed, and to all t…
15 GCA § 1615 Service of Citation; Trial of Contest; Revocation of Probate
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Upon Successful Contest. The citation provided in Section 1613 of this Title shall be served in the manner provided by law for service of a summons in a civil action, and proceedings thereunder shall be had as in the case of a contest before probate under the provisions of Subcha…
15 GCA § 1617 Liability for Costs of Trial
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If, following the filing of the petition provided in Section 1611 of this Title, the probate is not revoked, all costs of trial, including the prevailing party's costs and reasonable attorney's fees incurred for the contest, shall be paid by the contestant. If the probate is revo…
15 GCA § 1619 Probate Conclusive if Uncontested Within Limit of Time;
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Exceptions. If no person contests the validity of a will or of the probate thereof within the time specified in Section 1611 of this Title, the probate of such COL10312014 will is conclusive; saving to infants and persons of unsound mind who were not made parties to the contest a…
15 GCA § 1621 Effect of Will Contest on Probate of Other Will of Testator
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Failure to contest a will under the provisions of this Chapter does not preclude the subsequent probate of another will of the same decedent. SOURCE: Probate Code of Guam (1970), § 385. COMMENT: The premise underlying § 1621 is that the offer of another will to probate is not a c…