Title 15 — Estates and Probate
51 chapters · 695 sections in this title.
15 GCA § 2301 Definition of Personal Representative
0.4K chars
The term personal representative, as used in this Chapter, shall mean the executor, the administrator with the will annexed, the administrator, or the special administrator of a decedent's estate, as the case may be. SOURCE: Guam Law Revision Commission. COMMENT: The provisions o…
15 GCA § 2303 Dealings in General: Payment of Debts, Expenses, and
1.0K chars
Family Allowance of Testate Decedent; Provision by Will; Order of Resort to Estate Assets for Such Purposes. If a testator makes provision by will, or designates the estate to be appropriated, for the payment of his debts, the expenses of COL120106 administration, or family allow…
15 GCA § 2305 Dealings in General: Order of Resort to Property for
0.4K chars
Payment of Legacies. The property of a testator, except as otherwise provided in this Chapter, must be resorted to for the payment of legacies in the following order: (a) The property which is expressly appropriated by the will therefor; (b) Property not disposed of by the will; …
15 GCA § 2307 Dealings in General: Order of Abatement of Legacies
0.3K chars
Unless a different intention is expressed in a testator's will, abatement takes place in any class only as between legacies of that class, and legacies to a spouse or to kindred are chargeable only after legacies to persons not related to the testator. SOURCE: Probate Code of Gua…
15 GCA § 2309 Sales in General: Sale of Property Devised or Bequeathed;
0.7K chars
Contribution Between Devisees and Legatees. When property given by a will to persons other than residuary devisees or legatees is sold for the payment of debts, expenses or family allowance, all the devisees and legatees must contribute according to their respective interests to …
15 GCA § 2311 Sales in General: Sale to Pay Debts, Legacies, Family
1.1K chars
Allowance or Expenses; Selection of Property; Manner of Sale; Interest Which may be Sold. (a) In selling property of an estate to pay debts, legacies, family allowance or expenses, there shall be no priority as between personal and real property. (b) When a sale of property of an…
15 GCA § 2313 Sales in General: Manner of Sale and Minimum Price of
2.8K chars
Property Sold as a Unit; Manner of Sale of Leasehold Interests. (a) When the personal representative determines, in his discretion, that by use or relationship any assets of the estate, whether real or personal, constitute a unit for purposes of sale, the personal representative …
15 GCA § 2315 Sales in General: Report of Sale; Confirmation; Petition;
2.2K chars
Notice of Hearing; Vacation of Confirmation Order on Default of Purchaser; Resale; Procedure. (a) Except as otherwise provided in Sections 2331, 2333 and 2335(c) of this Title, all sales of the property of an estate shall be reported to the Superior Court and confirmed by the Sup…
15 GCA § 2317 Sales in General: Hearing on Confirmation; Objections to
3.3K chars
Confirmation; Proof of Notice; New Offer for Personal Property; Acceptance of Offer or Order of New Sale; Exceptions. (a) Any person interested in an estate may file written objections to the confirmation of a sale of the property of such estate, and may be heard thereon, and may…
15 GCA § 2319 Sales in General: Sales Under Direction of Will; Procedure
1.1K chars
When a testator's will directs the property of the estate to be sold, or when authority is given in a testator's will to sell the property of the estate, the executor or administrator with the will annexed may sell the same either at public auction or private sale, and with or wi…
15 GCA § 2321 Sales in General: Petition for Order Requiring Sale; Setting;
0.8K chars
Citation to Personal Representative. If a personal representative neglects or refuses to sell any property of an estate when such sale is necessary or when such sale is for the advantage, benefit and best interests of the estate and those interested therein, or if an executor or …
15 GCA § 2323 Sales in General: Neglect or Misconduct of Personal
0.4K chars
Representative; Action. If there is any neglect or misconduct in the proceedings of the personal representative in relation to any sale, by which any person interested in the estate suffers damage, the party aggrieved may recover the same in an action upon the bond of the persona…
15 GCA § 2325 Sales in General: Contracts to Find Purchaser; Commission;
4.2K chars
Exclusive Right to Sell; Effect of Confirmation; Liability on Contract; Sales on Increased Bid at Confirmation Hearing; Commission. COL120106 (a) The personal representative may enter into a written contract with any bona fide agent or broker, or multiple group of bona fide agent…
15 GCA § 2327 Sales in General: Sales of Encumbered Property; Application
3.4K chars
of Purchase Money; Discharge of Encumbrance; Disposal of Surplus; Purchase by Mortgage or Lien Holder; Procedure; Expenses. (a) When any property of an estate is sold which is subject to a mortgage or other lien which is a valid claim against the estate, and which has been allowe…
15 GCA § 2329 Sales in General: Limitation of Actions; Minors and Others
0.7K chars
Under Legal Disability. No action for the recovery of any property sold by a personal representative, on the claim that the sale is void, can be maintained by any heir or other person claiming under the decedent, unless it is commenced within three (3) years after the settlement …
15 GCA § 2331 Sales of Personal Property: Perishable and Depreciating
1.4K chars
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 es…
15 GCA § 2333 Sales of Personal Property: Stocks, Bonds and Other
3.5K chars
Securities: Sale Without Confirmation; Notice Shortened or Dispensed With by Order; Completion of Incomplete Short Sale; Sale of Subscription Rights. (a) Stocks, bonds, voting trust certificates, stock warrants or subscription rights, or any other similar securities which are the…
15 GCA § 2335 Sales of Personal Property: Notice; Place of Sale; Presence of
3.4K chars
Property; Postponement; When Title Passes. (a) Except as provided in Sections 2319, 2331 and 2333 of this Title, personal property of an estate may be sold only after notice published by the personal representative in a daily newspaper of general circulation in the territory of G…
15 GCA § 2337 Sales of Personal Property: Terms of Sale; Confirmation of
3.6K chars
Sale; Procedure. (a) Personal property of an estate may be sold for cash, or upon credit. If a sale of personal property of an estate is made upon credit, not less than twenty-five percent (25%) of the purchase price shall be paid to the personal representative in cash at the tim…
15 GCA § 2339 Sales of Personal Property: Partnership Interests; Inquiry by
0.7K chars
Court at Confirmation Hearing. Partnership interests or interests belonging to an estate by virtue of any partnership formerly existing, an interest of the estate in personal property pledged, and chosen in action, may be sold in the same manner as provided for sales of personal …
15 GCA § 2341 Sales of Real Property: Posting and Publication of Notice of
3.1K chars
Sale; Contents of Notice. COL120106 (a) Real property of an estate may be sold only after notice posted by the personal representative in the office of the municipal commissioner in each municipality in which the real property is to be sold, such posting to be effected at least f…
15 GCA § 2343 Sales of Real Property: Public Auction or Private Sale;
3.1K chars
Procedure for Public Auctions; Procedure for Private Sales; Postponement of Sales. (a) Real property of an estate may be sold either at public auction or by private sale. (b) Sales of real property of an estate at public auction shall be made in the municipality in which the real…
15 GCA § 2345 Sales of Real Property: Property Sold by Private Sale:
1.2K chars
Confirmation; Minimum Price; Reappraisal; New Appraiser. No sale of the real property of an estate by private sale may be confirmed by the Superior Court unless the sum offered is at least ninety percent (90%) of the appraised value thereof, nor unless such real property has been…
15 GCA § 2347 Sales of Real Property: Confirmation Hearing on Private
3.4K chars
Sale; Increased Bids; Agent's Commission; Determination of Bid Amount. Upon the hearing provided in Section 2315 of this Title, the Superior Court of Guam must examine the necessity for the private sale of the real property of the estate, or the advantage, benefit and interest of…
15 GCA § 2349 Sales of Real Property: Confirmation of Private Sales; Credit
0.9K chars
Terms; Consideration of Higher Offers. (a) If the private sale of real property of an estate returned for confirmation is upon a credit, a higher offer made to the Superior Court pursuant to the provisions of Section 2347 of this Title, either for cash or upon a credit, whether o…
15 GCA § 2351 Sales of Real Property: Conveyances After Confirmation;
0.9K chars
Contents; Recording; Effect. Following confirmation of the sale of real property of the estate by the Superior Court, conveyances must thereupon be executed to the purchaser by the personal representative, and they must refer to the order confirming sale and directing conveyances…
15 GCA § 2353 Sales of Real Property: Credit Sales; Secured Notes; Sale of
1.1K chars
Joint Interests. If the sale of real property of the estate is made upon a credit, the personal representative must take the note or notes of the purchaser for the unpaid portion of the purchase money, with a mortgage on the property to secure their payment, which mortgage shall …
15 GCA § 2355 Sales of Real Property: Double Liability for Fraudulent Sale
0.4K chars
A personal representative who fraudulently sells any real property of an estate contrary to or otherwise than under the provisions of this Chapter, is liable for double the value of the real property sold, as liquidated damages, to be recovered in an action by the person having a…
15 GCA § 2357 Sale of Contract to Purchase: Method of Sale
0.5K chars
If a decedent, at the time of his death, was possessed of a contract for the purchase of real property, his interest in such property and under such contract may be sold by his personal representative, in the same manner as if the decedent had died seized of such property, and th…
15 GCA § 2359 Sale of Contract to Purchase: Sale Subject to Payments Due
1.5K chars
and to Become Due; Purchaser's Bond. The sale referred to in Section 2357 of this Title must be made subject to all payments which are due at the time of sale or which may thereafter become due on such contract, and if there are any such, the sale must not be confirmed by the Sup…
15 GCA § 2361 Sale of Contract to Purchase: Assignment After
0.6K chars
Confirmation; Nature and Scope. Upon the confirmation of the sale referred to in Section 2357 of this Title, the personal representative must execute to the purchaser an assignment of the contract, which vests in the purchaser, his heirs and assigns, all the right, title, and int…
15 GCA § 2363 Borrowing Money and Mortgaging Estate Property:
2.2K chars
Authorization; Security; Procedure on Estate Less Than Entire Ownership. (a) Whenever it shall appear to be to the advantage of the estate to borrow money upon a note or notes, either unsecured, or to be secured by a chattel mortgage upon the personal property of the decedent, or…
15 GCA § 2365 Borrowing Money and Mortgaging Estate Property: Petition;
0.8K chars
Filing; Contents; Notice and Hearing. The personal representative, or any person interested in the estate, shall file in the Superior Court a verified petition showing the particular purpose for which the order referred to in Section 2363 of this Title is sought, the necessity of…
15 GCA § 2367 Borrowing Money and Mortgaging Estate Property:
1.5K chars
Hearing; Order; Recordation. At the time appointed pursuant to the provisions of Section 2365 of this Title, the Superior Court, upon proof that due notice of the hearing COL120106 has been given, shall proceed to hear the petition referred to in Section 2365 of this Title and an…
15 GCA § 2369 Borrowing Money and Mortgaging Estate Property:
0.5K chars
Execution of Notes and Instruments of Security. The personal representative shall execute, acknowledge and deliver the mortgage, pledge or other lien as directed by the order referred to in Section 2367 of this Title, setting forth therein that it is made by authority of such ord…
15 GCA § 2371 Borrowing Money and Mortgaging Estate Property:
2.2K chars
Effectiveness of Encumbrance; Jurisdiction; Effect of Error or Irregularities; Deficiencies. Every mortgage, pledge or other lien made pursuant to the provisions of Sections 2363 through 2369, inclusive, of this Title shall be effectual to mortgage, pledge or subject to such othe…
15 GCA § 2373 Leasing Estate Property: Authorization
0.5K chars
Whenever it shall appear to be to the advantage of the estate to lease any real property of the decedent, and as often as occasion therefor shall arise in the administration of the estate, the Superior Court may authorize and direct the personal representative to execute such lea…
15 GCA § 2375 Leasing Estate Property: Petition; Filing; Contents; Setting
0.6K chars
and Notice. To obtain the order referred to in Section 2373 of this Title, the personal representative, or any person interested in the estate, shall file in the Superior Court a verified petition showing the advantage to accrue COL120106 from giving the lease, a general descript…
15 GCA § 2377 Leasing Estate Property: Hearing; Order, Conditions;
1.8K chars
Duration; Partial Interests; Recording. At the time appointed pursuant to the provisions of Section 2375 of this Title, the Superior Court, upon proof that due notice of the hearing has been given, shall hear the petition referred to in Section 2375 of this Title and any objectio…
15 GCA § 2379 Leasing Estate Property: Leases Over Ten Years; Hearing
0.8K chars
The Superior Court may authorize the giving of a lease for longer than ten (10) years when the verified petition referred to in Section 2375 of this Title alleges facts showing the need for such longer lease and its advantage to the estate and the persons interested therein. In s…
15 GCA § 2381 Leasing Estate Property: Execution of Lease; Contents;
0.9K chars
Effect; Jurisdiction; Effect of Errors or Irregularities. The personal representative shall execute, acknowledge and deliver the lease as directed by the order referred to in Section 2377 or Section 2379 of this Title, setting forth therein that it is made by authority of such or…
15 GCA § 2383 Leasing Estate Property: Lease Without Court Order
0.4K chars
Notwithstanding any other provision of law, the personal representative may lease real property of the estate without an order of the Superior Court when the rental does not exceed two hundred fifty dollars ($250.00) per month and the term does not exceed one (1) year, or, regard…
15 GCA § 2385 Conveyance to Complete Contract: Authorization
0.9K chars
If a person who is bound by a contract in writing to convey any real property or to transfer any personal property dies before making conveyance or transfer, and the decedent, if living, might have been compelled to make such conveyance or transfer, or if a person binds himself o…
15 GCA § 2387 Conveyance to Complete Contract: Petition; Filing; Setting;
0.9K chars
Notice. The personal representative or any person claiming to be entitled to the conveyance or transfer referred to in Section 2385 of this Title may file with the Clerk of the Superior Court of Guam a verified petition, setting forth the facts upon which the claim is predicated.…
15 GCA § 2389 Conveyance to Complete Contract: Hearing and Order
0.8K chars
At the time appointed pursuant to the provisions of Section 2387 of this Title, the Superior Court, upon proof that due notice of the hearing has been given, shall proceed to hear the petition referred to in Section 2387 of this Title and any objections thereto that may have been…
15 GCA § 2391 Conveyance to Complete Contract: Effect of Order;
0.9K chars
Possession; Execution of Conveyance. The order referred to in Section 2389 of this Title shall be prima facie evidence of the correctness of the proceedings and of the authority of the personal representative to make the conveyance or transfer; and after its entry the person enti…
15 GCA § 2393 Exchange of Estate Property: Authorization; Petition;
0.6K chars
Notice; Hearing. Whenever it shall appear to be to the advantage or best interests of the estate to exchange any property of the decedent for other property, the Superior Court may authorize such exchange, upon such terms and conditions as it may prescribe, which may include the …