Title 15, Estates and Probate
51 chapters · 642 sections in this title.
15 GCA § 1317 When This Chapter is Inapplicable
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This Chapter shall not apply in the case of wills, living trusts, deeds, or contracts of insurance wherein provision has been made for distribution of property different from the provisions of this Chapter. SOURCE: Probate Code of Guam (1970), § 296.6.
15 GCA § 1319 This Chapter to be Construed to Effect Uniformity
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COL120106 This Chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those States, United States territories, and other jurisdictions which enact it. SOURCE: Probate Code of Guam (1970), § 296.7.
15 GCA § 1321 Short Title
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This Chapter may be cited as the Guam Uniform Simultaneous Death Act. SOURCE: Probate Code of Guam (1970), § 296.8. ---------- COL120106
15 GCA § 1401 Title and Possession of Property Upon Decedent's Death
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(a) Upon a person's death, the title to such person's property, real and personal, passes immediately to the person or persons to whom it is devised or bequeathed by such person's last will, or, in the absence of such disposition, to the person or persons who succeed to such pers…
15 GCA § 1403 Probate Jurisdiction in Superior Court of Guam
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Wills must be proved, and letters testamentary, letters of administration with the will annexed, letters of administration or special letters of administration granted, and administration of estates of decedents had, in the Superior Court of Guam. SOURCE: Probate Code of Guam (19…
15 GCA § 1405 Conclusiveness of Orders Granting Letters; Exceptions
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In the absence of fraud in its procurement, an order of the Superior Court of Guam granting letters testamentary, letters of administration with the will annexed, or letters of administration, when such order COL120106 becomes final, is a conclusive determination of the jurisdict…
15 GCA § 1407 Disqualification of Interested Judge; Procedure for Transfer
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of Proceedings to Other Judge. (a) No will shall be admitted to probate, or letters testamentary, letters of administration with the will annexed or letters of administration granted, or other proceeding had (except the ordering of a transfer as provided in subsection (b) of this…
15 GCA § 1501 Delivery of Will After Death
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(a) If the custodian of a will is some person other than the Clerk of the Superior Court of Guam acting as such, the custodian must, within thirty (30) calendar days after being informed that the maker thereof is dead, deliver the same to the Clerk of the Superior Court of Guam o…
15 GCA § 1503 Who May Petition For Probate of Will
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Any executor, devisee or legatee named in a will, or any other person interested in the estate, may, at any time after the testator's death, petition the Superior Court of Guam for the probate of the testator's will and that letters testamentary or letters of administration with …
15 GCA § 1505 Renouncement of Named Executor's Right to Letters by
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Failure to Petition. If the person named in a will as executor, for thirty (30) calendar days after he has knowledge of the death of the testator and that he is named as executor, fails to petition the Superior Court of Guam for the probate of the testator's will and that letters…
15 GCA § 1507 Contents of Original Petition for Probate of Will; Incorrect
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Statement of Jurisdictional Facts Not a Bar to Court's Jurisdiction. (a) A petition for the probate of a will and for the grant of letters testamentary, or of letters of administration with the will annexed in the first instance, must be in writing, signed by the petitioner or th…
15 GCA § 1509 Offer to Probate of Foreign Wills
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COL120106 A will admitted to probate in any State or United States territory, or established or proved in accordance with the laws thereof, may be offered for probate in the Superior Court of Guam if the Superior Court of Guam has jurisdiction under the provisions of Chapter 14 o…
15 GCA § 1511 Procedure for Admission of Foreign Wills to Probate; Notice
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The executor or administrator with the will annexed, or any person interested in a will admitted to probate in any State or United States territory, or established or proved in accordance with the laws thereof, may file a copy of such will and of the order or decree admitting it …
15 GCA § 1513 Order to Produce Will; Confinement to Jail for Refusal to
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Produce; Court Has Power to Enforce Production of Wills and Attendance of Witnesses. (a) If it is alleged in a petition praying for the admission of a will to probate and for the grant of letters testamentary or for letters of administration with the will annexed that some person…
15 GCA § 1515 Notice of Hearing on Petition for Probate of Will and for
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Letters. When a petition for the probate of a will and for the grant of letters testamentary, or letters of administration with the will annexed, is filed in the first instance, the Clerk of the Superior Court of Guam shall set the same for hearing upon some day not fewer than tw…
15 GCA § 1517 Service of Notice Upon Heirs, Devisees, Legatees and Named
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Executors. At least ten (10) calendar days before the hearing on a petition for the probate of a will and for the grant of letters testamentary, or for letters of administration with the will annexed, filed in the first instance, a copy of the notice of such hearing must be serve…
15 GCA § 1519 Proof of Witnessed Will in Uncontested Proceedings
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(a) If no one appears to contest the probate at the hearing provided in Section 1515 of this Title, and upon proof that due notice of the hearing has been given pursuant to the provisions of Sections 1517 and 3401 of this Title, the Superior Court of Guam may admit a witnessed wi…
15 GCA § 1523 Proof of Holographic Will
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A holographic will may be proved in the same manner as other private writings. SOURCE: Probate Code of Guam (1970), § 331. OFFICIAL FORM: See Official Form No. 5, Appendix "A".
15 GCA § 1525 Proof of Lost or Destroyed Wills; Restraining Acts of
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Previously Appointed Administrator Pending Hearing on Petition. (a) No will shall be proved as a lost or destroyed will unless: (1) Such will is proved to have been in physical existence at the time of the testator's death; or (2) Such will is proved to have been destroyed by pub…
15 GCA § 1527 Record of Entry of Admission of Will to Probate; Translation
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of Wills. (a) When the Superior Court of Guam admits a will to probate the will shall be recorded in the permanent records of the Superior Court of Guam by the Clerk of the Superior Court of Guam, with the notation: "Admitted to probate (giving date);" provided, that the provisio…
15 GCA § 1529 Provisions of Order Admitting Lost or Destroyed Will:
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Perpetuation of Witnesses' Testimony. COL120106 If a lost or destroyed will is established, the provisions thereof shall be set forth in the order admitting the will to probate, and the order shall be entered at length in the permanent records of the Superior Court of Guam. The t…
15 GCA § 1531 No Contest Permitted as to Foreign Will if Admitted
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Elsewhere. Notwithstanding any other provision of law, if it appears from the order or decree referred to in Section 1511 of this Title, or if it be otherwise proved in cases in which there is no such order or decree, that a will has been admitted to probate in a State or another…
15 GCA § 1601 Filing Opposition to Probate; Service; Pre-trial Procedures
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At any time before the hearing of a petition for probate and for the grant of letters testamentary, or of letters of administration with the will annexed in the first instance, any person interested may contest the will by filing written grounds of opposition to the probate there…
15 GCA § 1603 Trial of Contest
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In the trial of a contest filed before the hearing of a petition for probate and for the grant of letters testamentary or of letters of administration with the will annexed, as provided in Section 1601 of this Title, the contestant is the plaintiff and the petitioner is defendant…
15 GCA § 1605 Subscribing Witnesses to Testify; Other Evidence Permitted
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Where Subscribing Witnesses are Unavailable. (a) At the trial of a contest filed before the hearing of a petition for probate and for the grant of letters testamentary or of letters of administration with the will annexed, as provided in Section 1601 of this Title, all of the sub…
15 GCA § 1607 Judgment
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Upon trial of the issues joined in a contest which was filed before the hearing of a petition for probate and for the grant of letters testamentary or of letters of administration with the will annexed, as provided in Section 1601 of this Title, the Superior Court of Guam shall r…
15 GCA § 1609 Subscribing Witnesses' Testimony to be Perpetuated; Uses of
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Such Perpetuated Testimony in Subsequent Contest. The testimony of each subscribing witness who has testified at the trial of a contest which was filed before the hearing of a petition for probate and for the grant of letters testamentary or of letters of administration with the …
15 GCA § 1611 Who May Contest; Contents of Petition; Limitation of Time
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to File. When a will has been admitted to probate, any interested person, other than a party to a contest before probate and other than a person who had actual notice of such previous contest in time to have joined therein, may, within one hundred eighty (180) calendar days after…
15 GCA § 1613 Citation to Personal Representative, Devisees, Legatees and
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Heirs. Within ten (10) calendar days following the timely filing of the petition provided in Section 1611 of this Title, the Clerk of the Superior Court of Guam shall issue a citation directed to the executor of the will or to the administrator with the will annexed, and to all t…
15 GCA § 1615 Service of Citation; Trial of Contest; Revocation of Probate
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Upon Successful Contest. The citation provided in Section 1613 of this Title shall be served in the manner provided by law for service of a summons in a civil action, and proceedings thereunder shall be had as in the case of a contest before probate under the provisions of Subcha…
15 GCA § 1617 Liability for Costs of Trial
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If, following the filing of the petition provided in Section 1611 of this Title, the probate is not revoked, all costs of trial, including the prevailing party's costs and reasonable attorney's fees incurred for the contest, shall be paid by the contestant. If the probate is revo…
15 GCA § 1619 Probate Conclusive if Uncontested Within Limit of Time;
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Exceptions. If no person contests the validity of a will or of the probate thereof within the time specified in Section 1611 of this Title, the probate of such COL10312014 will is conclusive; saving to infants and persons of unsound mind who were not made parties to the contest a…
15 GCA § 1621 Effect of Will Contest on Probate of Other Will of Testator
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Failure to contest a will under the provisions of this Chapter does not preclude the subsequent probate of another will of the same decedent. SOURCE: Probate Code of Guam (1970), § 385. COMMENT: The premise underlying § 1621 is that the offer of another will to probate is not a c…
15 GCA § 1701 Who May be Executors; Who May Not
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(a) Any of the following may be appointed to serve as executors: (1) Natural persons; (2) Territorial banks which are authorized by their charters to exercise trust powers and which have qualified to act as fiduciaries COL120106 ADMINISTRATORS WITH THE WILL ANNEXED pursuant to th…
15 GCA § 1703 Executor Indicated, But Not Specifically Named, In Will
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When it appears, by the terms of a will, that it was the testator's intention to commit the execution thereof and the administration of the testator's estate to any person as executor, such person, although not named executor in the will, is entitled to a grant of letters testame…
15 GCA § 1705 Testator's Ability to Confer Power to Designate Executor,
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Coexecutor, Successor Executor or Successor Coexecutor. The testator may, by will, confer to one or more natural persons the power to designate an executor, to designate himself and some other COL120106 ADMINISTRATORS WITH THE WILL ANNEXED natural person coexecutors, or to design…
15 GCA § 1707 Absentee or Minor Named as Executor; Appointment of
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Interim Executor or Administrator With the Will Annexed; Effect of Removal of Disability. (a) When a natural person who is incompetent to serve as an execu- tor pursuant to the provisions of Section 1701(c) of this Title is named in a will as an executor, and there is another exe…
15 GCA § 1709 Executor Who Removes From Guam: Automatic
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Appointment of Attorney for Service of Process. (a) Removal from and residence without Guam by an executor who was formerly a resident, is equivalent to and shall constitute an appointment by such executor of his Guam attorney of record to be his COL120106 ADMINISTRATORS WITH THE…
15 GCA § 1711 Executor Who Removes From Guam: Filing of Statement of
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Permanent Address; Change of Address; Removal for Failure to Comply. (a) Any executor who removes from and resides without Guam shall file in the proceedings relating to the estate of the decedent an original statement signed and acknowledged by such executor, setting forth his p…
15 GCA § 1713 Executor Who Removes From Guam: Service of Process or
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Notice of Motion; Proof of Service. (a) Service of process or a notice of motion upon an executor who has removed from and resides without Guam, in any action or proceeding against such executor with respect to the estate or founded upon or arising out of such executor's acts or …
15 GCA § 1715 Executor Who Removes From Guam: Effect of Service; Time
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to Answer. Service made under the provisions of Section 1713 of this Title upon an executor who has removed from and resides without Guam shall have the same legal force and validity as if service had been made personally within Guam; provided, however, that when a summons and co…
15 GCA § 1717 Failure to Grant Letters to All Named Executors: Powers of
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Those to Whom Letters Are Granted. COL120106 ADMINISTRATORS WITH THE WILL ANNEXED When letters testamentary are not granted by the Superior Court of Guam to all executors named in a will, those to whom such letters are granted have the same authority to act in every respect as ef…
15 GCA § 1719 Powers of Named Executor Before Grant of Letters
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Testamentary. No person has any power as an executor before he qualifies, except that before letters testamentary are granted, the person or persons named in the testator's will as executor or executors may pay the charges for the testator's funeral and take necessary measures fo…
15 GCA § 1721 Letters Testamentary to be Granted in Absence of Objection
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If no person files an objection to the granting of letters testamentary as provided in Section 1723(a) of this Title, the Superior Court of Guam when admitting a will to probate must grant letters testamentary thereon to the person or persons named therein as executor or executor…
15 GCA § 1723 Objections to Granting Letters Testamentary and Petition
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for Letters of Administration With the Will Annexed; Circumstances for Appointment of Administrator With Will Annexed. (a) Any person interested in the estate may, at any time prior to the hearing provided in Section 1515 of this Title, file objections in writing to the granting …
15 GCA § 1725 Appointment of Administrators With the Will Annexed in
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the First Instance; Circumstances for and Priority of Appointment; Powers; Security for Faithful Performance of Trust. (a) The Superior Court of Guam shall appoint an administrator with the will annexed in the first instance, and shall grant to such appointee letters of administr…
15 GCA § 1801 Administrators Must Have Same Qualifications as Executors
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(a) No person is competent to serve as an administrator who has not the qualifications required of an executor pursuant to the provisions of Section 1701 of this Title. (b) The letters of any natural person appointed to serve as an administrator may, in the discretion of the Supe…
15 GCA § 1803 Surviving Partner Not to be Administrator If Any Interested
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Person Objects to Appointment. The surviving partner of a decedent must not be appointed administrator of the estate if any person interested in the estate objects to such surviving partner's appointment. SOURCE: Probate Code of Guam (1970), § 421.
15 GCA § 1805 Priority of Persons Entitled to Letters of Administration
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(a) Letters of administration of the estate of a person dying intestate must be granted to one or more of the following persons, if competent under the provisions of Section 1801 of this Title, who are entitled to letters of administration, upon proper petition therefor, in the f…
15 GCA § 1807 Letters of Administration May Be Granted to Nominee of
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One Entitled; Priority of Nominees; Procedure for Nomination. Letters of administration may be granted to one or more competent persons, although not otherwise entitled to the same, at the written request of the person entitled or of a child, grandchild, parent, brother or sister…