Title 15 — Estates and Probate
51 chapters · 695 sections in this title.
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…
15 GCA § 1809 Discretion of Court to Grant Letters of Administration to
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Guardian of Minor or Incompetent, or to Other Person. If a person otherwise entitled to a grant of letters of administration is a minor or an incompetent person, letters of administration may be granted to his guardian, or to any other person entitled to a grant of letters of adm…
15 GCA § 1811 Essential Contents of Petition for Letters of Administration;
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Incorrect Statement of Jurisdictional Facts No Bar to Jurisdiction. (a) A petition for letters of administration must be in writing, signed by the petitioner or the petitioner's counsel, and filed with the Clerk of the Superior Court of Guam, and must state: (1) The jurisdictiona…
15 GCA § 1813 Notice of Hearing on Petition for Letters of Administration
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When a petition for letters of administration is filed, the Clerk of the Superior Court of Guam shall set the same for hearing by the Superior COL120106 Ch. 18 APPOINTMENT OF ADMINISTRATORS Court of Guam upon some day not fewer than twenty (20) and not more than thirty (30) calen…
15 GCA § 1815 Service of Notice of Petition for Letters of Administration
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Upon Heirs; Manner of Service; Service by Mail. At least ten (10) calendar days before the hearing on a petition for letters of administration, a copy of the notice of such hearing shall be served upon each heir of the decedent named in the petition, as follows: (a) Personally, s…
15 GCA § 1817 Facts to be Proved at Hearing on Petition for Letters of
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Administration; Compelling Witnesses' Attendance; Contest of Petition; Grounds Counterpetition; Notice; Combined Hearings. (a) Before letters of administration are granted in the first instance, the fact of death and that the decedent died intestate, and that due notice of the he…
15 GCA § 1819 Provisions of Sections 1709 through 1715 Applicable to
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Administrators. The provisions of Sections 1709, 1711, 1713 and 1715 of this Title shall apply to administrators with the same force and effect as those provisions apply to executors. SOURCE: Guam Law Revision Commission. COMMENT: It is the Commission's intention that the same pr…
15 GCA § 1821 Provisions of This Chapter Do Not Provide Exclusive
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Manner of Appointment of Administrator. Notwithstanding any provision of this Chapter, the Superior Court of Guam may also grant letters of administration pursuant to the applicable provisions of Chapter 21 of this Title. SOURCE: Guam Law Revision Commission. COMMENT: The Commiss…
15 GCA § 1901 Causes for Appointment of Special Administrators
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When there is delay in granting letters testamentary, letters of administration with the will annexed in the first instance, or letters of administration, or when any such letters are granted irregularly, or when no sufficient security is given for the faithful performance of the…
15 GCA § 1903 Notice; Appointment; Preference; Qualifications;
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Nonappealable Order. COL120106 The appointment of a special administrator may be made at any time, without notice or upon such notice to such of the persons interested in the estate as the Superior Court of Guam may deem reasonable. In making the appointment of a special administ…
15 GCA § 1905 Security for Faithful Performance of Special Administrator;
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Oath; Letters. Before letters are granted to a person appointed to be a special administrator by the Superior Court of Guam, the appointee must provide such security for the faithful performance of his trust as the Superior Court of Guam may direct; and he must take the usual oat…
15 GCA § 1907 Powers and Duties of Special Administrator
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COL120106 The special administrator must take possession of all of the real and personal property of the decedent, and preserve it from damage, waste and injury, and must collect all claims, rents, and other income belonging to the estate; and for any such purposes may commence a…
15 GCA § 1909 Special Administrator May Pay Lien Charges on Estate
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Property in Order to Avoid Foreclosure; Procedure. If any property of the estate which is in the charge of a special administrator is subject to a mortgage or lien, to secure the payment of money, and there is danger that the holder of the security may enforce or foreclose the sa…
15 GCA § 1911 When Special Administrator's Powers May be Made
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General. (a) When a special administrator is appointed pending determination of a contest of a will instituted prior to the probate thereof, or pending an appeal from an order granting, suspending or revoking letters testamentary, letters of administration with the will annexed o…
15 GCA § 1913 Special Administrator's Powers to Cease Upon Grant of
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Letters Testamentary, Letters of Administration With Will Annexed or Letters of Administration. When letters testamentary, letters of administration with the will annexed or letters of administration on the estate of the decedent are issued, the powers of the special administrato…
15 GCA § 1915 Accounts and Commissions of Special Administrators;
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Attorney's Fees; Division of Commissions and Fees; Procedure for Early Payment of Extraordinary Attorney's Fees. (a) The special administrator must render a verified account of his proceedings in like manner as administrators are required to do pursuant to the provisions of Chapt…
15 GCA § 2001 Oath: Taking and Subscribing; Endorsement Upon Letters;
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Filing. Before letters testamentary, letters of administration with the will annexed, or letters of administration are issued, the executor, administrator with the will annexed or administrator to whom such letters have been granted must take and subscribe an oath that he will pe…
15 GCA § 2003 Form of Letters: Signing and Sealing
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Letters testamentary, or of administration with the will annexed, or of administration, or of special administration, shall be signed by the Clerk of the Superior Court of Guam under the seal of the Superior Court of Guam. SOURCE: Probate Code of Guam (1970), § 500.
15 GCA § 2005 Letters Testamentary: General Form
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Letters testamentary shall be substantially in the following form: ATerritory of Guam. The last will of A.B., deceased, having been proved in the Superior Court of the Territory of Guam, C.D. who is named therein as such, is hereby appointed executor. Witness, G.H., Clerk of the …
15 GCA § 2007 Letters of Administration With the Will Annexed: General
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Form. Letters of administration with the will annexed shall be substantially in the following form: ATerritory of Guam. The last will of A.B., deceased, having been proved in the Superior Court of the Territory of Guam, and there being no executor named in the will (or as the cas…
15 GCA § 2009 Letters of Administration, General and Special: General
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Form. Letters of administration, or of special administration, shall be sub- stantially in the following form: ATerritory of Guam. C.D. is hereby appointed administrator (or special administrator, as the case may be) of the estate of A.B., deceased. Witness, G.H., Clerk of the Su…
15 GCA § 2011 General Requirement of Security for Faithful Performance;
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Alteration in Security During Pendency of Administration; Security Not Required of Executor If Waived By Will. (a) Except as provided in subsections (c) and (d) of this Section, every person to whom letters testamentary, letters of administration with the will annexed or letters …
15 GCA § 2013 Security May Be Provided By Bond; Requisites of Bond;
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Nature of Liability on Bond; Extent of Bond. (a) Security for the faithful performance of the personal representative's trust, as required by Section 2011 of this Title, may in the discretion of the Superior Court of Guam be, in whole or in part, in the form of a bond. Unless oth…
15 GCA § 2015 Security May Be Provided By Deposit of Property
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(a) Security for the faithful performance of the personal representative's trust, as required by Section 2011 of this Title, may in the discretion of the Superior Court of Guam be provided, in whole or in part, by the deposit of money or negotiable securities of the estate which …
15 GCA § 2017 Security May Be Provided By Cash Bond, Assigned Interest
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In Bank or Savings and Loan Account or Posting of Bearer or Endorsed Bonds. Security for the faithful performance of the personal representative's trust, as required by Section 2011 of this Title, may in the discretion of the Superior Court of Guam be provided, in whole or in par…
15 GCA § 2019 Security May Be Provided By Payment of Estate Income Into
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Court. Security for the faithful performance of the personal representative's trust, as required by Section 2011 of this Title, may in the discretion of the Superior Court of Guam be provided, in whole or in part, by the payment of regularly-received income of the estate to the C…
15 GCA § 2021 Security May Be Provided By Deposit of Tangible Personal
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Property Into Safety Deposit Box. Security for the faithful performance of the personal representative's trust, as required by Section 2011 of this Title, may in the discretion of the Superior Court of Guam be provided, in whole or in part, by the deposit of tangible personal pro…
15 GCA § 2023 Security May Be Provided By Insurance
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Security for the faithful performance of the personal representative's trust, as required by Section 2011 of this Title, may in the discretion of the Superior Court of Guam be provided, in whole or in part, by the procurement and maintenance by the personal representative of a po…
15 GCA § 2025 When Security Becomes Insufficient: Requirement of
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Further Security; May Be With or Without Hearing; Appointment of Person Next In Order; Revocation of Letters. (a) Any person interested in an estate may, at any time prior to the discharge of the personal representative, represent to the Superior Court of Guam, by verified petiti…
15 GCA § 2027 Suspension of Personal Representative's Powers Pending
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Hearing. When a petition is presented to the Superior Court of Guam, praying that a personal representative be required to provide further security for the faithful performance of his trust, and it is alleged therein on oath that such personal representative is wasting the proper…
15 GCA § 2029 Further Security May Be Required On Sale of Real Property
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Before any sale of the real property of an estate is confirmed, the Superior Court of Guam may require the personal representative to provide further security for the faithful performance of his trust in light of the increased value of the personal property of the estate, treatin…
15 GCA § 2031 Reduction of Security Upon Petition of Personal
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Representative. COL10312014 FAITHFUL PERFORMANCE OF PERSONAL REPRESENTATIVE If a personal representative desires a reduction in the amount of security provided for the faithful performance of his trust, or an alteration in the form, terms or conditions thereof, he may apply to th…
15 GCA § 2033 Forms of Security Provided in Subchapter Not Exclusive
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Nothing contained in this Subchapter shall be construed to mean that the forms of security for the faithful performance of the personal representative's trust as set forth in this Subchapter, or any of them, are the only forms of security for such faithful performance that may be…
15 GCA § 2101 Definition
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The term personal representative, as used in this Chapter, shall mean the executor, the administrator with the will annexed, or the administrator of a decedent's estate, as the case may be. SOURCE: Guam Law Revision Commission. COMMENT: See Comment to § 2201, infra, which applies…
15 GCA § 2103 Resignation of Personal Representative; Procedure; When
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Effective; Successor; Continuing Liability. (a) A personal representative may resign his appointment at any time, by a writing filed in the Superior Court of Guam, to take effect upon the settlement of his accounts. If, however, by reason of any delay in such settlement, or for a…
15 GCA § 2105 Death or Resignation of One of Several Personal
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Representatives; Completion of Administration; Amended Letters. If letters have been granted to several personal representatives as co- personal representatives, and one of them dies or resigns, or if the letters of any one of several such co-personal representatives are revoked …
15 GCA § 2107 Revocation of Letters of Administration When Person With
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Prior Right Asserts Such Right; Procedure; Discretion of Court to Refuse Grant of Letters. (a) When letters of administration have been granted to an intestate's child, grandchild, parent, brother or sister, or to any person to whom such letters have been granted under the provis…
15 GCA § 2109 Revocation of Letters Due to Subsequent Probate;
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Appointment of New Personal Representative; Powers of New Appointee. (a) Upon the admission to probate of a will after a grant of letters of administration on the ground of intestacy, or upon the admission to probate of a later will than the one before admitted to probate, the pr…
15 GCA § 2111 Revocation of Letters Due to Personal Representative's
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Commitment to Jail for Contempt, or to Prison. Whenever a personal representative is committed to jail for contempt in disobeying an order of any court in the territory of Guam, and has remained in custody for thirty (30) calendar days without obeying such order or otherwise purg…
15 GCA § 2113 Revocation of Letters for Embezzlement, Waste or
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Mismanagement Discovered Upon Settlement of Account. Notwithstanding the provisions of Section 2115 of this Title, if it appears to the Superior Court of Guam upon the settlement of any account of a personal representative that he has embezzled, wasted or mismanaged the estate, h…