Title 15 — Estates and Probate

51 chapters · 695 sections in this title.

695 sectionsFiltered byTitle 15

15 GCA § 1211 Escheat of Intangible Personal Property of Decedent Who
0.8K chars
was Domiciled in Guam. All intangible property owned by the decedent escheats to the Government of Guam in accordance with the provisions of Section 1201 of this Title if the decedent was domiciled in Guam at the time of the decedent's death. SOURCE: California Probate Code, § 23…
15 GCA § 1213 Escheat of Decedent's Intangible Personal Property Which is
2.5K chars
Subject to Administration; Claim of Another Jurisdiction. (a) Subject to the provisions of subsection (b) of this Section, all intangible property owned by the decedent that is subject to the control of the Superior Court of Guam for purposes of administration and disposition und…
15 GCA § 1301 Disposition of Property Where Insufficient Evidence of
1.8K chars
Survivorship, Generally. Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if such person had survi…
15 GCA § 1303 Beneficiaries Taking Successively Under Another's
0.7K chars
Disposition of Property In Simultaneous Death Situation. Where two or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property, and there is no sufficient evidence that these beneficiaries have died otherwise …
15 GCA § 1305 Disposition of Joint Tenancy Property in Simultaneous Death
0.7K chars
Situation. Where there is no sufficient evidence that two joint tenants have died otherwise than simultaneously, the property so held shall be administered upon, distributed, or otherwise dealt with, one-half (2) as if one joint tenant had survived and one-half (2) as if the othe…
15 GCA § 1307 Proceeds of Insurance Policy in Simultaneous Death
0.5K chars
Situation. Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have COL120106 died otherwise than simultaneously, the proceeds of such insurance policy shall be distributed as if the insured had s…
15 GCA § 1309 Disposition of Community Property in Simultaneous Death
3.2K chars
Situation. (a) Where a husband and wife have died, leaving community property, and there is no sufficient evidence that they have died otherwise than simultaneously, one-half (2) of all the community property shall be administered upon, distributed, or otherwise dealt with, as if…
15 GCA § 1311 Proceeding to Determine Simultaneous Death: Petition;
1.8K chars
Notice of Hearing; Service. (a) Filing of petition. When it is claimed that, in accordance with the provisions of this Chapter, any persons have died under circumstances where there is no sufficient evidence that they have died otherwise than simultaneously, the personal represen…
15 GCA § 1313 Proceeding to Determine Simultaneous Death: Hearing;
1.4K chars
Determination of Order of Death; Jurisdiction. At the time appointed pursuant to the provisions of Section 1311 of this Title, the Superior Court of Guam, upon proof that due notice of the hearing has been given pursuant to the provisions of Section 1311 of this Title, shall proc…
15 GCA § 1315 Prospective Effect of This Chapter
0.2K chars
The provisions of this Chapter shall not apply to the distribution of the property of a person who has died before the effective date of this Chapter. SOURCE: Probate Code of Guam (1970), § 296.5.
15 GCA § 1317 When This Chapter is Inapplicable
0.3K chars
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
0.3K chars
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
0.1K chars
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
0.9K chars
(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
0.3K chars
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
0.5K chars
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
2.7K chars
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
0.8K chars
(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
1.1K chars
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
0.6K chars
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
1.9K chars
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
1.2K chars
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
0.9K chars
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
1.0K chars
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
1.3K chars
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
1.6K chars
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
3.5K chars
(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 § 1521 Proof of Will by Copy When Will is Outside Guam
0.1K chars
[Repealed, reserved, or text not separately stated.]
15 GCA § 1523 Proof of Holographic Will
0.2K chars
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
2.3K chars
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
1.9K chars
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:
0.8K chars
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
1.3K chars
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
2.0K chars
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
0.7K chars
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
1.0K chars
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
0.4K chars
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
1.0K chars
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
1.0K chars
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
0.8K chars
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
1.0K chars
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
1.1K chars
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;
0.5K chars
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
1.1K chars
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
4.4K chars
(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
0.4K chars
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,
0.8K chars
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
1.4K chars
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
3.0K chars
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
0.7K chars
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…