Title 15, Estates and Probate

Failure to Account. If the personal representative absconds or conceals himself so that a citation cannot be personally served, and he neglects to render an account as prescribed in this Chapter, or if an attachment has been executed and the personal representative neglects to re…

Redelivery. The personal representative shall keep vouchers for all payments which he has made, and may file them with the Clerk of the Superior Court, and shall produce and file them with the Clerk of the Superior Court if so ordered by the Superior Court or if a person interest…

Settlement. When an account is rendered for settlement, the Clerk of the Superior Court shall set the same for settlement by the Superior Court, COL120106 and notice thereof shall be given in the manner provided in Section 3401 of this Title. If the account is for final settlemen…

Any person interested in the estate may appear and file written exceptions to the account, and contest the same. Upon the hearing, the personal representative may be examined on oath touching the account and the property and effects of the decedent, and the disposition thereof. A…

Whenever an allowed claim is contested by any person entitled to contest it, either the contestant or the claimant is entitled to a trial of the issues, both of fact and of law, presented by the contest; and the Superior Court shall hear and determine such issues and shall enter …

Allowance on Accounting. If it appears that debts of the decedent have been paid without verified claims having been filed or presented and allowed and approved, COL120106 and it shall be proven that such debts were justly due, were paid in good faith, that the amount paid was th…

Allowances Without Vouchers; Restrictions. If it is proven that vouchers for any disbursements have been lost or destroyed, that it is impossible to obtain duplicates, and that the items were paid in good faith and were legal charges against the estate, the personal representativ…

The order settling and allowing the account, when it becomes final, is conclusive against all persons interested in the estate, saving, however, to persons under legal disability, the right to move for cause to reopen and examine the account, or to proceed by action against the p…

Representative; Accounting by Attorney; Fee for Such Accounting. If the personal representative dies or becomes incompetent, his accounts may be presented by his personal representative or guardian to, and settled by, the Superior Court, and, upon petition of the successor of suc…

The debts of the decedent, the expenses of administration and the charges against the estate shall be paid in the following order: 1. Expenses of administration; 2. Funeral expenses; 3. Expenses of last illness; 4. Family allowance; 5. Debts to the Government of Guam; 6. Wages, t…

Last Illness, Family Allowance and Wage Claims; Payment of Other Debts and Legacies on Court Order; Funeral and Last Illness Expenses to be Debts of Decedent's Estate. (a) As soon as the personal representative has sufficient funds in his hands, after retaining sufficient to pay …

Discharge of Personal Representative on Exhaustion of Estate. Upon the settlement of any account of the personal representative after the time to file or present claims has expired, the Superior Court shall order the payment of the debts, as the circumstances of the estate permit…

Court; Distribution; Interest Deduction From Claims Not Due; Insolvent Estates. If there is any claim not due, or any contingent or disputed claim against the estate, the amount thereof, or such part of the same as the holder would be entitled to if the claim were due, establishe…

When an order is made for the payment of creditors, the personal representative is personally liable to each creditor for his allowed claim, or the dividend thereon, and execution may be issued on such order, as upon a judgment, in favor of each creditor, and the same proceeding …

COL120106 When the accounts of the personal representative have been settled, and an order made for the payment of debts and distribution of the estate, no creditor whose claim was not included in the order for payment has any right to call upon the creditors who have been paid, …

Payment. If all of the debts have been paid by the first order for payment, the Superior Court must direct the payment of legacies and the distribution of the estate among the persons entitled, as provided in Chapter 30 of this Title; but if there are debts remaining unpaid, or i…

Petition; Contents; Determination; Order. (a) Whenever it appears that debts payable by the estate are also payable, in whole or in part, by the surviving spouse, the personal repre- sentative or any person interested in the estate may file a petition with the Clerk of the Superi…