Title 15 — Estates and Probate
51 chapters · 695 sections in this title.
15 GCA § 3352 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3353 Beneficiary Defined
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For the purposes of this Article, “beneficiary” means all persons in being who shall or may participate in the corpus or income of the trust. SOURCE: California Probate Code, § 1139.7. ARTICLE 3 TRANSFER FROM ANOTHER JURISDICTION
15 GCA § 3355 Application and Construction of Article
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This Article applies to any written voluntary express trust or portion thereof, whether created by will or otherwise, administered in another jurisdiction outside of Guam. This Article shall not be construed to prevent transfer of place of administration of a trust or of trust as…
15 GCA § 3356 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3357 Order Accepting Transfer of Trust
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Subject to the limitations and requirements of this Article, an order may be made by the Superior Court accepting the transfer of the place of administration of a trust from another jurisdiction to Guam, or the transfer of some or all of the assets of a trust in another jurisdict…
15 GCA § 3358 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3359 Petition; Who May File
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A petition for the order accepting a transfer referred to in Section 3357 of this Title, may be filed with the Clerk of the Superior Court by the trustee or by a beneficiary of the trust. SOURCE: California Probate Code, § 1139.12.
15 GCA § 3360 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3361 Petition; Verification; Contents
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The petition referred to in Section 3359 of this Title shall be verified and shall set forth: (a) The names, ages and mailing addresses of: (1) The trustee administering the trust in the other jurisdiction; (2) The proposed trustee to whom administration of the trust or such trus…
15 GCA § 3362 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3363 Setting Petition for Hearing; Notice; Opposition
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Upon the filing of the petition referred to in Section 3359 of this Title, the Clerk of the Superior Court shall set the petition for hearing, and notice of the hearing shall be given in the manner provided in Section 3401 of this Title, at least thirty (30) calendar days prior t…
15 GCA § 3364 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3365 Grant of Petition; Issuance of Order; Requirements
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The Superior Court may, in its discretion, grant the petition referred to in Section 3359 of this Title and issue an order accepting transfer of place of administration of the trust or trust assets to Guam, appoint a trustee to administer the trust in Guam, and require the truste…
15 GCA § 3366 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3367 Conditional Order Appointing Trustee; Transfer of Assets or Place of Administration
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When appropriate to facilitate transfer of the trust assets or the place of administration of a trust to Guam, the Superior Court may issue a conditional order appointing a trustee to administer the trust in Guam and indicating that the transfer to Guam will be accepted if the tr…
15 GCA § 3368 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3369 Administration of Trust in Guam; Law Governing
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Any trust transferred to Guam pursuant to the provisions of this Article shall be administered in the same manner as if the trust had been subject to supervision in Guam from the time of its creation. SOURCE: California Probate Code, § 1139.18(b). 2025 NOTE: References to “territ…
15 GCA § 3370 Beneficiary Defined
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For the purposes of this Article, “beneficiary” means all persons in being who shall or may participate in the corpus or income of the trust. SOURCE: California Probate Code, § 1139.19. 2025 NOTE: Originally numbered § 3371 and renumbered to § 3370 by the Compiler pursuant to the…
15 GCA § 3371 Short Title
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This Act shall be known as the “Uniform Real Property Transfer on Death Act.”
15 GCA § 3372 Definitions
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As used in this Chapter: (a) “Beneficiary” means a person who receives property under a transfer on death deed. (b) “Contingent Beneficiary” means a person designated in a transfer on death deed to receive property if the primary beneficiary does not survive the transferor. (c) “…
15 GCA § 3373 Nonexclusivity
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This chapter does not affect any method of transferring property otherwise permitted under the laws of Guam.
15 GCA § 3374 Transfer on Death Deed Authorized
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An individual may transfer property, effective at the transferor’s death, to one or more beneficiaries by a transfer on death deed.
15 GCA § 3375 Transfer on Death Deed Revocable
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A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.
15 GCA § 3376 Transfer on Death Deed Nontestamentary
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A transfer on death deed is nontestamentary. COL 2025-08-27
15 GCA § 3377 Capacity of Transferor
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The capacity required to execute or revoke a transfer on death deed is the same as the capacity required to execute a will.
15 GCA § 3378 Requirements
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A transfer on death deed: (a) Except otherwise provided in §3378(b), shall contain the essential elements and formalities of a properly recordable inter vivos deed; (b) Shall state that the transfer to the beneficiary is to occur at the transferor’s death; and (c) Shall be notari…
15 GCA § 3379 Notice, Delivery, Acceptance, Consideration not Required
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A transfer on death deed shall be recorded or filed with the Department of Land Management and shall be effective without notice or delivery to or acceptance by the designated beneficiary during the transferor’s life, and without consideration.
15 GCA § 3380 Revocation by Instrument Authorized; Revocation by Act not Permitted
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(a) Subject to § 3380(b), an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument is: (1) A subsequently recorded or filed transfer on death deed that revokes all or a part of the recorded or filed transfer on death deed e…
15 GCA § 3381 Effect of Transfer on Death During Transferor’s Life
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During a transferor’s life, a transfer on death shall not: (a) Affect an interest or right in the subject property of the transferor or any other owner, including the right to transfer or encumber the subject property; (b) Affect an interest or right in the subject property of a …
15 GCA § 3382 Effect of Transfer on Death Deed at Transferor’s Death
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(a) Except as otherwise provided in the transfer on death deed or this Section, on the death of the transferor, the following shall apply to the subject property owned by the transferor at death: (1) Subject to §3382(a)(2), the interest in the subject property shall be transferre…
15 GCA § 3383 Disclaimer
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A beneficiary may disclaim all or part of the beneficiary’s interest.
15 GCA § 3384 Liability for Creditor Claims and Statutory Allowances
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(a) To the extent the transferor’s probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, the estate may enforce the liability against the subject property transferred at the transferor’s death by a t…
15 GCA § 3385 Uniformity of Application and Construction
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In applying and construing this Chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact similar uniform legislation.
15 GCA § 3386 Optional Form of Transfer on Death Deed
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The following form may be used to create a transfer on death deed. The other sections of this Act govern the effect of this or any other instrument used to create a transfer on death deed: [See Attachment A appended to this Chapter]
15 GCA § 3387 Optional Form of Revocation
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The following form may be used to create an instrument of revocation under this Act. The other subsections of this Act govern the effect of this or any other instrument used to revoke a transfer on death deed: [See Attachment B appended to this Chapter] ---------- COL 2025-08-27