Title 15 — Estates and Probate
51 chapters · 695 sections in this title.
15 GCA § 2115 Revocation of Personal Representative's Letters for Cause;
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Notice; Procedure. (a) Whenever the Superior Court of Guam has reason to believe, whether from its own knowledge or from credible information received, that the personal representative or all co-personal representatives (1) have become incompetent to execute the duties of the tru…
15 GCA § 2117 Appointment of New Personal Representative Upon Death,
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Resignation, Disqualification or Revocation of Letters of All Personal Representatives. If all the personal representatives die or become disqualified or incapable, or if the letters of all of them are revoked, or if they all resign, the Superior Court of Guam shall grant letters…
15 GCA § 2119 Acts Prior to Revocation Valid
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All acts of a personal representative, as such, before his death or the revocation of his letters, are as valid, to all extent and purposes, as if he had continued lawfully to execute the duties of his trust. SOURCE: Probate Code of Guam (1970), § 525. ---------- COL120106
15 GCA § 2201 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: The provisions of Chapter 22 apply equally …
15 GCA § 2203 Authority of Remaining Personal Representatives Where
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One or More Absent or Disqualified; Court Order; Majority Rule. When two or more personal representatives have been appointed and one or more of them are absent from the territory of Guam, or legally disqualified from serving, the act of the other or others shall be effectual for…
15 GCA § 2205 Acquisition of Decedent's Estate; Custody of Property;
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Limitations on Possession of Property; Interests in Actions by and Against Heirs and Devisees of Real Property; Delivery of Real Property to Heirs and Devisees. (a) Except as otherwise provided in Section 2207 of this Title, the personal representative shall take into his possess…
15 GCA § 2207 Decedent's Partnership Property; Continuing Decedent's
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Business; Partnerships; Operation. (a) Unless otherwise ordered by the Superior Court of Guam pursuant to subsection (b) of this Section, when a partnership existed between the decedent and any other person at the time of the decedent's COL372014 WITH THE WILL ANNEXED AND ADMINIS…
15 GCA § 2209 Actions by or Against Personal Representative; Recovery of
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Damages; Death of Plaintiff Before Judgment; Simultaneous Death. (a) Except as provided in this Section, no cause of action shall be lost by reason of the death of any person but may be maintained by or against such person's personal representative. (b) In an action brought under…
15 GCA § 2211 Specific Actions Authorized: For Partition; on Bond of
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Former Personal Representative; to Recover Fraudulently Conveyed Property; Procedure and Distribution of Latter. (a) When a decedent leaves an undivided interest in any property, an action for the partition thereof may be instituted and maintained against such decedent's personal…
15 GCA § 2213 Parties to Actions; Personal Representatives Who Have Not
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Qualified. In actions by or against personal representatives, it is not necessary to join those as parties to whom letters were granted but not issued. SOURCE: Probate Code of Guam (1970), § 577; Guam Law Revision Commission. COMMENT: Section 577 of the Probate Code of Guam read,…
15 GCA § 2215 Obligations Due Decedent; Discharge and Compromise;
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Renewal and Modification; Wrongful Death or Personal Injury of Decedent; Compromise and Settlement of Claims; Procedure. (a) If a debtor of the decedent is unable to pay all his debts, the personal representative may, with the approval of the Superior Court of Guam obtained pursu…
15 GCA § 2217 Deposit of Estate Funds in Bank or Savings and Loan
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Association. A personal representative may deposit any money belonging to the estate with one or more banks licensed to do business in the Territory of Guam, or invest any such money in an account or accounts in one or more insured savings and loan associations licensed to do bus…
15 GCA § 2219 Investment of Estate Funds: Pending Settlement of Estate;
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Pending or at Time of Settlement of Estate; Procedure. (a) Pending the settlement of an estate, the personal representative may, in his discretion and without prior authorization by the Superior Court of Guam, invest any money in the hands of the personal representative in direct…
15 GCA § 2221 Personal Representative May Seek Guidance From Court on
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Investment, etc., of Estate Funds; Petition; Procedure. Notwithstanding the provisions of Sections 2217 and 2219 of this Title, the Superior Court of Guam on the petition of the personal representative may from time to time instruct and direct the personal representative as to th…
15 GCA § 2223 Dedication for Streets or Highways, Easements, Access
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Rights; Petition; Notice; Order. Whenever it is for the advantage, benefit and best interest of the estate and those interested therein, the personal representative may, either with or without consideration, dedicate or convey any real property of the estate or interest therein t…
15 GCA § 2225 Personal Representative Not to Purchase Claims Against
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Estate; All Sales of Estate Property to Personal Representative Subject to Confirmation; Credit in Accounts for Claims Paid for Less Than Full Amount. (a) No personal representative may purchase any claim against the estate, directly or indirectly, or be interested in any such pu…
15 GCA § 2227 Proxies to Vote Corporate Shares; Waiver of Notice and
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Consent to Shareholders' Meetings, etc. A personal representative may give proxies to vote any shares of stock of any corporation held in the estate, or to exercise any voting rights attaching to or arising from property held in the estate. The personal representative may waive n…
15 GCA § 2228 Electronically Stored Documents of Deceased
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(a) As used in this Section, custodian means any person who electronically stores the documents or information of another person. (b) A custodian shall provide to the personal representative of the estate of a deceased person, who was domiciled in Guam at the time of the person’s…
15 GCA § 2229 Digital Accounts, Inter-alia
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The personal representative of an estate shall have the power, where otherwise authorized, to take control of, conduct, continue, or terminate any accounts of a deceased person on any social networking website, any blogging or short message service website, or any e-mail service …
15 GCA § 2301 Definition of Personal Representative
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The term personal representative, as used in this Chapter, shall mean the executor, the administrator with the will annexed, the administrator, or the special administrator of a decedent's estate, as the case may be. SOURCE: Guam Law Revision Commission. COMMENT: The provisions o…
15 GCA § 2303 Dealings in General: Payment of Debts, Expenses, and
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Family Allowance of Testate Decedent; Provision by Will; Order of Resort to Estate Assets for Such Purposes. If a testator makes provision by will, or designates the estate to be appropriated, for the payment of his debts, the expenses of COL120106 administration, or family allow…
15 GCA § 2305 Dealings in General: Order of Resort to Property for
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Payment of Legacies. The property of a testator, except as otherwise provided in this Chapter, must be resorted to for the payment of legacies in the following order: (a) The property which is expressly appropriated by the will therefor; (b) Property not disposed of by the will; …
15 GCA § 2307 Dealings in General: Order of Abatement of Legacies
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Unless a different intention is expressed in a testator's will, abatement takes place in any class only as between legacies of that class, and legacies to a spouse or to kindred are chargeable only after legacies to persons not related to the testator. SOURCE: Probate Code of Gua…
15 GCA § 2309 Sales in General: Sale of Property Devised or Bequeathed;
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Contribution Between Devisees and Legatees. When property given by a will to persons other than residuary devisees or legatees is sold for the payment of debts, expenses or family allowance, all the devisees and legatees must contribute according to their respective interests to …
15 GCA § 2311 Sales in General: Sale to Pay Debts, Legacies, Family
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Allowance or Expenses; Selection of Property; Manner of Sale; Interest Which may be Sold. (a) In selling property of an estate to pay debts, legacies, family allowance or expenses, there shall be no priority as between personal and real property. (b) When a sale of property of an…
15 GCA § 2313 Sales in General: Manner of Sale and Minimum Price of
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Property Sold as a Unit; Manner of Sale of Leasehold Interests. (a) When the personal representative determines, in his discretion, that by use or relationship any assets of the estate, whether real or personal, constitute a unit for purposes of sale, the personal representative …
15 GCA § 2315 Sales in General: Report of Sale; Confirmation; Petition;
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Notice of Hearing; Vacation of Confirmation Order on Default of Purchaser; Resale; Procedure. (a) Except as otherwise provided in Sections 2331, 2333 and 2335(c) of this Title, all sales of the property of an estate shall be reported to the Superior Court and confirmed by the Sup…
15 GCA § 2317 Sales in General: Hearing on Confirmation; Objections to
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Confirmation; Proof of Notice; New Offer for Personal Property; Acceptance of Offer or Order of New Sale; Exceptions. (a) Any person interested in an estate may file written objections to the confirmation of a sale of the property of such estate, and may be heard thereon, and may…
15 GCA § 2319 Sales in General: Sales Under Direction of Will; Procedure
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When a testator's will directs the property of the estate to be sold, or when authority is given in a testator's will to sell the property of the estate, the executor or administrator with the will annexed may sell the same either at public auction or private sale, and with or wi…
15 GCA § 2321 Sales in General: Petition for Order Requiring Sale; Setting;
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Citation to Personal Representative. If a personal representative neglects or refuses to sell any property of an estate when such sale is necessary or when such sale is for the advantage, benefit and best interests of the estate and those interested therein, or if an executor or …
15 GCA § 2323 Sales in General: Neglect or Misconduct of Personal
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Representative; Action. If there is any neglect or misconduct in the proceedings of the personal representative in relation to any sale, by which any person interested in the estate suffers damage, the party aggrieved may recover the same in an action upon the bond of the persona…
15 GCA § 2325 Sales in General: Contracts to Find Purchaser; Commission;
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Exclusive Right to Sell; Effect of Confirmation; Liability on Contract; Sales on Increased Bid at Confirmation Hearing; Commission. COL120106 (a) The personal representative may enter into a written contract with any bona fide agent or broker, or multiple group of bona fide agent…
15 GCA § 2327 Sales in General: Sales of Encumbered Property; Application
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of Purchase Money; Discharge of Encumbrance; Disposal of Surplus; Purchase by Mortgage or Lien Holder; Procedure; Expenses. (a) When any property of an estate is sold which is subject to a mortgage or other lien which is a valid claim against the estate, and which has been allowe…
15 GCA § 2329 Sales in General: Limitation of Actions; Minors and Others
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Under Legal Disability. No action for the recovery of any property sold by a personal representative, on the claim that the sale is void, can be maintained by any heir or other person claiming under the decedent, unless it is commenced within three (3) years after the settlement …
15 GCA § 2331 Sales of Personal Property: Perishable and Depreciating
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Property; Sale Without Notice or Confirmation. (a) Perishable property of an estate, and other personal property of an estate which will depreciate in value if not disposed of promptly or which will incur loss or expense by being kept, and so much other personal property of an es…
15 GCA § 2333 Sales of Personal Property: Stocks, Bonds and Other
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Securities: Sale Without Confirmation; Notice Shortened or Dispensed With by Order; Completion of Incomplete Short Sale; Sale of Subscription Rights. (a) Stocks, bonds, voting trust certificates, stock warrants or subscription rights, or any other similar securities which are the…
15 GCA § 2335 Sales of Personal Property: Notice; Place of Sale; Presence of
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Property; Postponement; When Title Passes. (a) Except as provided in Sections 2319, 2331 and 2333 of this Title, personal property of an estate may be sold only after notice published by the personal representative in a daily newspaper of general circulation in the territory of G…
15 GCA § 2337 Sales of Personal Property: Terms of Sale; Confirmation of
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Sale; Procedure. (a) Personal property of an estate may be sold for cash, or upon credit. If a sale of personal property of an estate is made upon credit, not less than twenty-five percent (25%) of the purchase price shall be paid to the personal representative in cash at the tim…
15 GCA § 2339 Sales of Personal Property: Partnership Interests; Inquiry by
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Court at Confirmation Hearing. Partnership interests or interests belonging to an estate by virtue of any partnership formerly existing, an interest of the estate in personal property pledged, and chosen in action, may be sold in the same manner as provided for sales of personal …
15 GCA § 2341 Sales of Real Property: Posting and Publication of Notice of
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Sale; Contents of Notice. COL120106 (a) Real property of an estate may be sold only after notice posted by the personal representative in the office of the municipal commissioner in each municipality in which the real property is to be sold, such posting to be effected at least f…
15 GCA § 2343 Sales of Real Property: Public Auction or Private Sale;
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Procedure for Public Auctions; Procedure for Private Sales; Postponement of Sales. (a) Real property of an estate may be sold either at public auction or by private sale. (b) Sales of real property of an estate at public auction shall be made in the municipality in which the real…
15 GCA § 2345 Sales of Real Property: Property Sold by Private Sale:
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Confirmation; Minimum Price; Reappraisal; New Appraiser. No sale of the real property of an estate by private sale may be confirmed by the Superior Court unless the sum offered is at least ninety percent (90%) of the appraised value thereof, nor unless such real property has been…
15 GCA § 2347 Sales of Real Property: Confirmation Hearing on Private
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Sale; Increased Bids; Agent's Commission; Determination of Bid Amount. Upon the hearing provided in Section 2315 of this Title, the Superior Court of Guam must examine the necessity for the private sale of the real property of the estate, or the advantage, benefit and interest of…
15 GCA § 2349 Sales of Real Property: Confirmation of Private Sales; Credit
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Terms; Consideration of Higher Offers. (a) If the private sale of real property of an estate returned for confirmation is upon a credit, a higher offer made to the Superior Court pursuant to the provisions of Section 2347 of this Title, either for cash or upon a credit, whether o…
15 GCA § 2351 Sales of Real Property: Conveyances After Confirmation;
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Contents; Recording; Effect. Following confirmation of the sale of real property of the estate by the Superior Court, conveyances must thereupon be executed to the purchaser by the personal representative, and they must refer to the order confirming sale and directing conveyances…
15 GCA § 2353 Sales of Real Property: Credit Sales; Secured Notes; Sale of
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Joint Interests. If the sale of real property of the estate is made upon a credit, the personal representative must take the note or notes of the purchaser for the unpaid portion of the purchase money, with a mortgage on the property to secure their payment, which mortgage shall …
15 GCA § 2355 Sales of Real Property: Double Liability for Fraudulent Sale
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A personal representative who fraudulently sells any real property of an estate contrary to or otherwise than under the provisions of this Chapter, is liable for double the value of the real property sold, as liquidated damages, to be recovered in an action by the person having a…
15 GCA § 2357 Sale of Contract to Purchase: Method of Sale
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If a decedent, at the time of his death, was possessed of a contract for the purchase of real property, his interest in such property and under such contract may be sold by his personal representative, in the same manner as if the decedent had died seized of such property, and th…
15 GCA § 2359 Sale of Contract to Purchase: Sale Subject to Payments Due
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and to Become Due; Purchaser's Bond. The sale referred to in Section 2357 of this Title must be made subject to all payments which are due at the time of sale or which may thereafter become due on such contract, and if there are any such, the sale must not be confirmed by the Sup…
15 GCA § 2361 Sale of Contract to Purchase: Assignment After
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Confirmation; Nature and Scope. Upon the confirmation of the sale referred to in Section 2357 of this Title, the personal representative must execute to the purchaser an assignment of the contract, which vests in the purchaser, his heirs and assigns, all the right, title, and int…