Title 15 — Estates and Probate

This Article shall not limit or abridge the presently existing rights of any person to assign, convey, release or disclaim any property or interest therein. SOURCE: California Probate Code, § 190.10. ---------- COL10312014

The provisions of this Chapter shall apply, when relevant, to succession to property of all kinds, real and personal, separate and community. SOURCE: Guam Law Revision Commission. COL10312014 COMMENT: In drafting this Title, the Commission has provided a separate Chapter for each…

Succession is the acquisition of title to the property of one who dies without disposing of it by will. SOURCE: Probate Code of Guam (1970), § 200.

Considered to be Living. Inheritance or succession by right of representation takes place when the descendants of a deceased person take the same share or right in the estate of another that such deceased person would have taken as an heir if living. A posthumous child is conside…

The degree of kindred is established by the number of generations, and each generation is called a degree. SOURCE: Probate Code of Guam (1970), § 251.

Lineal consanguinity, or the direct line of consanguinity, is the relationship between persons one of whom is a descendant of the other. The direct line of consanguinity is divided into a direct line descending, which connects a person with those who descend from such person, and…

Collateral consanguinity is the relationship between people who spring from a common ancestor, but are not in a direct line. The degree is established by counting the generations from one relative up to the common ancestor and from the common ancestor down to the other relative. …

Kindred of the half blood inherit equally with those of the whole blood in the same degree, unless the property which constitutes such inheritance came to the intestate decedent by descent, devise or gift of some one of such decedent's ancestors, in which case all those who are n…

Relationship. (a) The rights of succession by a child, as set forth in Chapters 9 and 10 of this Title, are dependent upon the existence, prior to the death of the decedent, of a parent and child relationship between such child and the decedent. (b) The rights of succession by is…

An adopted child shall be deemed a descendant of one who has adopted such child, the same as a natural child, for all purposes of succession by, from or through the adopting parent the same as a natural parent. An adopted child does not succeed to the estate of such adopted child…

(a) General Provisions. (1) No person convicted of the murder or manslaughter, as defined in §§ 16.30, 16.40 and 16.50 of Chapter 16, Title 9, Guam Code Annotated, of the decedent shall be entitled to succeed to any portion of such decedent's estate; but the portion thereof to wh…

of Real Property From Heir. COL10312014 The rights of a purchaser of encumbrancer of real property, in good faith and for value, derived from any person claiming the same by succession, are not impaired by any devise made by the decedent from whom succession is claimed, unless wi…

(a) This Chapter may be cited as the ‘Uniform Transfer on Death Security Registration Act.’ (b) This Chapter shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this part within Guam.

For the purposes of this Chapter: (a) Beneficiary form means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security on the death of the owner. (b) Devisee means a …

Ownership. Only individuals whose registration of a security shows sole ownership by one (1) individual or multiple ownership by two (2) or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a securit…

A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office maki…

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.

Registration in beneficiary form may be shown by the words ‘transfer on death’ or the abbreviation ‘TOD,’ or by the words ‘pay on death,’ or the abbreviation ‘POD,’ after the name of the registered owner and before the name of a beneficiary.

The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be cancelled or changed at any time by the sole owner or all then surviving owners without the conse…

On the death of a sole owner, or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary, or beneficiaries, who survive all owners. On proof of death of all owners and compliance with any applicable requirements of …

COL10312014 (a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration, in beneficiary form assents to the prot…

(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this Chapter, and is not testamentary. (b) This Chapter does not limit the rights of credit…

(a) A security registered in beneficiary form is not effective against an estate of a deceased party to transfer to a survivor sums that are otherwise needed to pay debts, taxes and expenses of administration, COL10312014 including statutory allowances to the surviving spouse and…

(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests: (1) for registration in beneficiary form, and (2) for implementation of registrations in beneficiary form, including requests…

A registering entity shall provide to an owner requesting registration of a security in beneficiary form a written statement describing the legal effects of the registration not later than the date on which the owner registers the security. The statement shall be printed in all c…

Effect of Contracts and Other Portions of Title. The separate property of a person who dies without disposing of it by will is succeeded to and must be distributed as hereinafter provided in this Chapter, subject to the limitation of any applicable marriage or other contract, and…

Issue. (a) If the decedent leaves a surviving spouse and only one child, or a surviving spouse and the lawful issue of only one deceased child, the decedent's separate estate goes one-half (2) to such surviving spouse and one-half (2) to such child or issue. (b) In any of the fol…

Spouse. If the decedent leaves no surviving spouse, but leaves issue, the whole of the decedent's separate estate goes to such issue; and if all of COL120106 the descendants are in the same degree of kindred to the decedent they share equally, otherwise they take by right of repr…

Issue. If the decedent leaves a surviving spouse, but no issue, the decedent's separate estate goes one-half (2) to such surviving spouse and one-half (2) to the decedent's parents in equal shares; or if either is dead to the survivor; or if both are dead to their issue and the i…

Family. If the decedent leaves a surviving spouse and neither issue, parent, brother, sister, nor descendant of a deceased brother or sister, the whole of the decedent's separate estate goes to such surviving spouse. SOURCE: Probate Code of Guam (1970), § 224; California Probate …

Spouse Nor Issue. If the decedent leaves neither issue nor surviving spouse, the decedent's separate estate goes to the decedent's parents in equal shares; or if either is dead, to the survivor; or if both are dead, in equal shares to the decedent's brothers and sisters and to th…

Spouse, Issue Nor Immediate Family. If the decedent leaves neither issue, spouse, parent, brother, sister, nor descendant of a deceased brother or sister, the decedent's separate estate goes to the decedent's next of kin in equal degree, excepting that, when there are two or more…

(a) If the decedent dies a minor, never having been married, and without issue, all the estate that came to the decedent by succession from either of the decedent's parents goes in equal shares to the other children of such parent and to the issue of any other of such children wh…

Decedent's Predeceased Spouse Where Decedent Leaves Neither Spouse Nor Issue. (a) If the decedent leaves neither spouse nor issue, and the decedent's estate or any portion thereof was the community property of the decedent and a previously deceased spouse of the decedent, and bel…

Previously Deceased Spouse. (a) If the decedent leaves neither spouse nor issue, and the decedent's estate or any portion thereof was the separate property of a previously deceased spouse of the decedent, and came to the decedent from such previously deceased spouse by gift, desc…

Distributed to Next of Kin. If there is no one to succeed to any portion of the portion of the property in any of the contingencies provided for in Sections 917 and 919 of this Title, according to the provisions of those Sections, such portion goes to the next of kin of the deced…

Subject to Testamentary Disposition or Succession. Upon the death of any married person, one-half (2) of the community property belongs to the surviving spouse; the other half (2) is subject to the testamentary disposition of the decedent, and in the absence thereof goes to the s…

Surviving Spouse: Law Governing Administration and Disposal. When a deceased spouse disposes by will of all or part of his interest in the community property to someone other than the surviving COL120106 spouse, or when the will of a deceased spouse contains a trust, or when the …

Without Administration; Surviving Spouse's Election of Admin- istration. (a) Except as provided in Section 1003 of this Title, when a married person dies intestate, or dies testate and by valid will leaves all of his interest in the community property to the surviving spouse, suc…

Property; Notice of Claim of Another Under Decedent's Will; Such Property Treated as If It Were Surviving Spouse's Separate Property. After ninety (90) calendar days from death of a married person, the surviving spouse of such person or the personal representative or guardian of …

Debts Chargeable Against Community Property; Exception. (a) Except as provided for by Section 2729(b) of this Title, upon the death of a married person, the surviving spouse is personally liable for the debts of the deceased spouse chargeable against the community property, unles…

Guam or In Exchange Therefor. Upon the death of any married person domiciled in Guam, one-half (2) of the following property in such decedent's estate shall belong to the surviving spouse and the other one-half (2) of such property is subject to the testamentary disposition of su…

Upon the death of any married person not domiciled in Guam who leaves a valid will disposing of real property in Guam which is not the community property of such decedent and the surviving spouse, the surviving spouse has the same right to elect to take a portion of or interest i…

Requasi-Community Property. Whenever a decedent has made provision by a valid will for his surviving spouse and such surviving spouse also has a right under Section 1103 of this Title to take property of such decedent against the will, such surviving spouse shall be required to e…

Surviving Spouse Had Expectancy. Whenever any married person dies domiciled in Guam who has made a transfer to a person other than his surviving spouse, without receiving in exchange a consideration of substantial value, of property in which such surviving spouse had an expectanc…

Property. (a) If a decedent, whether or not domiciled in Guam at the time of death, leaves no one to take his estate or any portion thereof by testate succession, and no one other than a government, governmental subdivi- sion or government agency to take his estate or any portion…

Notwithstanding any other provision of law, a benefit consisting of moneys or other property distributable from a trust established under a plan providing health and welfare, pension, vacation, severance, retirement benefit, death benefit, unemployment insurance or similar benefi…

Real property in Guam escheats to the Government of Guam in accordance with the provisions of Section 1201 of this Title. SOURCE: California Probate Code, § 233.

COL120106 All tangible personal property owned by the decedent, wherever located at the decedent's death, that was customarily kept in Guam prior to the decedent's death, escheats to the Government of Guam in accordance with the provisions of Section 1201 of this Title. SOURCE: C…

Subject to Administration; Claim of Another Jurisdiction. (a) Subject to the provisions of subsection (b) of this Section, all tangible personal property owned by the decedent that is subject to the control of the Superior Court of Guam for purposes of administration and disposit…