Title 15 — Estates and Probate
51 chapters · 695 sections in this title.
15 GCA § 3301 Continuing Jurisdiction Over Trusts
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(a) When a trust created by a will continues after distribution, the Superior Court shall not lose jurisdiction of the estate by final distribution, but shall retain jurisdiction for the purpose of determining to whom the property shall pass and be delivered upon final or partial…
15 GCA § 3302 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3303 Additions to Testamentary Trust Subject to Jurisdiction of Court
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Whenever a trustee receives additions to a testamentary trust in accordance with a decree rendered pursuant to the provisions of Section 3301 of this Title, such additions shall be subject to the jurisdiction of the Superior Court in the same respects as property received by the …
15 GCA § 3304 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3305 Additional Powers of Trustee
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(a) On petition of the trustee, made at any time, or on petition of the personal representative included in a petition for preliminary or final distribution, where after hearing it appears to be necessary or desirable in order to carry out the purposes of a testamentary trust tha…
15 GCA § 3306 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3307 Request for Special Notice by Beneficiary Under Testamentary Trust
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When any beneficiary under a testamentary trust shall have made a request for special notice pursuant to the provisions of Section 3403 of this Title, a copy of the petition and a copy of the account and report provided for in Section 3301 of this Title shall be attached to the n…
15 GCA § 3308 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3309 Fair Market Value of Principal so Low as to Defeat or Impair Purposes of Testamentary
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Trust; Order for Change in Trustee, Modification of Terms or Termination of Trust. (a) If upon petition of the trustee or any beneficiary of a testamentary trust, the Superior Court shall at any time determine that the fair market value of the principal of the trust has become so…
15 GCA § 3310 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3311 Accounting; Application and Order
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Upon the application of any beneficiary of a testamentary trust, or the guardian of a beneficiary, the Superior Court, in its discretion, may order the trustee, after citation, to render his account; and such application shall not be denied where no account has been rendered to t…
15 GCA § 3312 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3313 Compensation of Testamentary Trustee; Apportionment Among Trustees
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(a) If the will contains provisions for a testamentary trustee’s compensation, such trustee shall be entitled to be compensated in accordance therewith. Upon proper showing, the Superior Court may in the decree of distribution or thereafter fix or allow greater compensation than …
15 GCA § 3314 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3315 Conclusiveness of Decree
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A decree rendered under the provisions of this Article, when it becomes final, shall be conclusive upon all persons in interest, whether or not they are in being. SOURCE: Probate Code of Guam (1970), § 1123.
15 GCA § 3316 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3317 Removal of Trustee or Co-Trustee; Notice; Hearing
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(a) The Superior Court shall have power to remove a trustee of a testamentary trust, whether or not any property has been distributed to such trustee, who has violated or is unfit to execute the trust or has acquired any interest or become charged with any duty adverse to the int…
15 GCA § 3318 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3319 Custody of Assets Pending Hearing on Removal of Testamentary Trustee
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The Superior Court, whenever it appears from the verified petition of a beneficiary of a testamentary trust or other person interested in the trust, or from facts coming to its attention, that the assets of the trust or the interests of a beneficiary may suffer loss or injury dur…
15 GCA § 3320 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3321 Exclusive Jurisdiction and Procedure for Removal of Trustee
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The jurisdiction and procedure provided by Sections 3317 and 3319 of this Title shall be exclusive. SOURCE: California Probate Code, § 1123.7.
15 GCA § 3322 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3323 Declination of Designated Trustee to Act; Time; Procedure
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Any person named or designated as a trustee in a will may, at any time before distribution of any of the estate to him, decline to act as such trustee, by a writing filed with the Clerk of the Superior Court. Within five (5) calendar days from the filing of such writing, such per…
15 GCA § 3324 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3325 Appointment to Fill Vacancy Occurring Before Distribution
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The Superior Court shall have power, at any time before final distribution, to appoint some fit and proper person to fill any vacancy in the office of trustee under the will, whether resulting from declination as provided for in Section 3323 of this Title, from removal, or otherw…
15 GCA § 3326 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3327 Resignation After Distribution: Petition; Hearing and Notice; Acceptance; Continuing
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Liability on Bond. (a) Any person named or designated as trustee in a will, or any successor trustee, may, at any time after the distribution of any of the estate to him, file with the Clerk of the Superior Court a petition tendering his resignation as such trustee and setting fo…
15 GCA § 3328 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3329 Filling Vacancy After Distribution
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If after distribution a trustee of a testamentary trust dies, resigns, fails or declines to act, cannot be identified, or is for any reason incapable of acting, or is removed or a vacancy in the trusteeship is otherwise created or exists, the Superior Court shall have the power t…
15 GCA § 3330 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3331 Bond of Successor Trustee
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The person appointed under the provisions of Section 3325 or Section 3329 of this Title, before acting as trustee, shall give a bond such as is required by the applicable provisions of Chapter 20 of this Title of a person appointed personal representative. SOURCE: California Prob…
15 GCA § 3332 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3333 Vouchers; Withdrawal; Production; Destruction or Delivery to Trustee or Trustee’s
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Attorney. Any voucher which may have been filed in support of the account of a trustee of a testamentary trust may be withdrawn by leaving a certified copy on file, but must be produced on demand, unless permanently withdrawn with the permission of the Superior Court. Five (5) ye…
15 GCA § 3334 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3335 Certificate; Action and Appointment as Trustee
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Upon application of the trustee or trustees of a trust created by will, the Clerk of the Superior Court shall issue a certificate that the trustee or trustees are duly appointed and acting trustee or trustees under the will. SOURCE: California Probate Code, § 1130.1.
15 GCA § 3336 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3337 Combination of Assets and Administration of Testamentary Trusts as One Trust;
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Conditions. When a trustee who has been appointed by will or appointed by the Superior Court to execute a trust created by will is appointed by another will or appointed by the Superior Court to execute a trust created by another will, and the provisions and terms of the decree e…
15 GCA § 3338 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3339 Transfer of Testamentary Trust to Another Jurisdiction
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Where, under the provisions of Section 3301 of this Title, jurisdiction is retained by the Superior Court of any trust created by the will of a decedent, the Superior Court may order that the place of administration or assets of the trust be transferred to another jurisdiction, p…
15 GCA § 3341 Application of Article
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This Article applies to a trust over which jurisdiction of the Superior Court continues after distribution, as provided in Section 3301 of this Title, and to any other trust to which the provisions of this Article are made applicable by statute or trust instrument. This Article s…
15 GCA § 3342 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3343 Transfer of Place of Administration or Assets
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An order may be made by the Superior Court for the transfer of the place of administration of a trust or the transfer of some or all of the assets of a trust to a State or another United States territory: (a) where, under the provisions of Section 3301 of this Title, jurisdiction…
15 GCA § 3344 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3345 Petition for Transfer; Contents
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A petition for the order authorizing a transfer referred to in Section 3343 of this Title may be filed with the Clerk of the Superior Court by the trustee or by a beneficiary of a trust. The petition shall be verified and shall state: (a) The names, ages and places of residence o…
15 GCA § 3346 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3347 Notice and Hearing; Notice to Persons Named in Petition; Opposition
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Upon the filing of the petition referred to in Section 3345 of this Title, the Clerk of the Superior Court shall set the same for hearing, and notice of such hearing shall be given as provided in Section 3401 of this Title, at least thirty (30) calendar days before the time set f…
15 GCA § 3348 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3349 Order; Requirements
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The Superior Court may, in its discretion, grant the petition referred to in Section 3345 of this Title and order the trustee to transfer the trust assets or to change the place of administration to the other jurisdiction if, after the hearing, it appears to the Superior Court: (…
15 GCA § 3350 [Vacant]
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[Repealed, reserved, or text not separately stated.]
15 GCA § 3351 Manner of Transfer; Conditions; Discharge of Local Trustee
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If a transfer is ordered, the Superior Court may direct the manner of transfer and impose such terms and conditions as may be just, including but not by limitation, a requirement for the substitution of a successor trustee in any pending litigation in Guam. The delivery in accord…