Title 15, Estates and Probate

(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…

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 …

(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…

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…

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…

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…

(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 …

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.

(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…

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…

The jurisdiction and procedure provided by Sections 3317 and 3319 of this Title shall be exclusive. SOURCE: California Probate Code, § 1123.7.

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…

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…

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…

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…

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…

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…

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.

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…

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…

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…

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…

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…

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…

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: (…

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…

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

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…

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…

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.

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…

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…

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…

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…

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…

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…

This Act shall be known as the “Uniform Real Property Transfer on Death Act.”

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) “…

This chapter does not affect any method of transferring property otherwise permitted under the laws of Guam.

An individual may transfer property, effective at the transferor’s death, to one or more beneficiaries by a transfer on death deed.

A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.

A transfer on death deed is nontestamentary. COL 2025-08-27

The capacity required to execute or revoke a transfer on death deed is the same as the capacity required to execute a will.

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…

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.

(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…

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 …

(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…

A beneficiary may disclaim all or part of the beneficiary’s interest.

(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…