Title 15, Estates and Probate

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…

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…

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…

(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…

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 …

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…

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…

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; …

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…

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 …

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…

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 …

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…

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…

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…

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 …

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…

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…

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…

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 …

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…

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…

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…

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…

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 …

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…

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…

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…

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…

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…

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…

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 …

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…

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…

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…

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…

Authorization; Security; Procedure on Estate Less Than Entire Ownership. (a) Whenever it shall appear to be to the advantage of the estate to borrow money upon a note or notes, either unsecured, or to be secured by a chattel mortgage upon the personal property of the decedent, or…

Filing; Contents; Notice and Hearing. The personal representative, or any person interested in the estate, shall file in the Superior Court a verified petition showing the particular purpose for which the order referred to in Section 2363 of this Title is sought, the necessity of…

Hearing; Order; Recordation. At the time appointed pursuant to the provisions of Section 2365 of this Title, the Superior Court, upon proof that due notice of the hearing COL120106 has been given, shall proceed to hear the petition referred to in Section 2365 of this Title and an…

Execution of Notes and Instruments of Security. The personal representative shall execute, acknowledge and deliver the mortgage, pledge or other lien as directed by the order referred to in Section 2367 of this Title, setting forth therein that it is made by authority of such ord…

Effectiveness of Encumbrance; Jurisdiction; Effect of Error or Irregularities; Deficiencies. Every mortgage, pledge or other lien made pursuant to the provisions of Sections 2363 through 2369, inclusive, of this Title shall be effectual to mortgage, pledge or subject to such othe…

Whenever it shall appear to be to the advantage of the estate to lease any real property of the decedent, and as often as occasion therefor shall arise in the administration of the estate, the Superior Court may authorize and direct the personal representative to execute such lea…

and Notice. To obtain the order referred to in Section 2373 of this Title, the personal representative, or any person interested in the estate, shall file in the Superior Court a verified petition showing the advantage to accrue COL120106 from giving the lease, a general descript…

Duration; Partial Interests; Recording. At the time appointed pursuant to the provisions of Section 2375 of this Title, the Superior Court, upon proof that due notice of the hearing has been given, shall hear the petition referred to in Section 2375 of this Title and any objectio…

The Superior Court may authorize the giving of a lease for longer than ten (10) years when the verified petition referred to in Section 2375 of this Title alleges facts showing the need for such longer lease and its advantage to the estate and the persons interested therein. In s…

Effect; Jurisdiction; Effect of Errors or Irregularities. The personal representative shall execute, acknowledge and deliver the lease as directed by the order referred to in Section 2377 or Section 2379 of this Title, setting forth therein that it is made by authority of such or…