Title 15 — Estates and Probate

After the lapse of sixty (60) calendar days from the issuance of letters, the personal representative, with the approval of the Superior Court, may compromise, compound or settle any claim or demand by or against the estate or any suit brought by or against the personal represent…

If it shall appear to be to the advantage of the estate for the personal representative to accept a deed of property which is subject to a mortgage or other lien, in lieu of foreclosure of such mortgage or other lien, the Superior Court may authorize, upon such terms and conditio…

Petition; Notice; Authorization. If it shall appear to be to the advantage of the estate for the personal representative to give a partial satisfaction of a mortgage or other lien, the Superior Court may authorize such partial satisfaction upon such terms and conditions as may be…

When a judgment is recovered, with costs, against a personal representative, the personal representative shall be individually liable for such costs, but they must be allowed to the personal representative in his administration accounts, unless it appears that the suit or proceed…

A judgment against a personal representative, upon any claim for money, against the estate of the personal representative's decedent, when it becomes final, conclusively establishes the validity of the claim for the amount of the judgment; and the judgment must be that the person…

A judgment against a person who dies after trial and submission of his case to a judge sitting without a jury for decision or after a verdict is not a lien on the real property of the decedent, but is payable in due course of administration. SOURCE: California Probate Code, § 731…

Redemption. When a judgment has been entered against the decedent, no execution shall issue thereon after the decedent's death, except as provided in the Code of Civil Procedure. A judgment against the dece- dent for the recovery of money must be filed or presented in the same ma…

No greater rate of interest shall be paid upon any claim, after its allowance by the personal representative and its approval by the Superior Court of Guam, than is allowed upon judgments; and if the estate is insolvent, no greater rate of interest shall be paid upon any debt, fr…

If a claim is payable in a particular kind of money or currency, it shall, if allowed, be payable only in such money or currency. SOURCE: Probate Code of Guam (1970), § 734.

If there are subsisting liens or encumbrances on the homestead, and the funds of the estate are adequate to pay all claims against the estate, the claims secured by such liens and encumbrances, whether filed or presented or not, if known or made known to the personal representati…

When a testator devises land subject to a mortgage or other lien, other property specifically devised or bequeathed shall not be sold for the purpose of exonerating the encumbered property, unless a contrary intention can be gathered from the terms of the will, read in the light …

Answer in Damages or Pay Debts of Decedent. No personal representative is chargeable upon any special promise to answer in damages or to pay the debts of the decedent out of the personal representative's own estate, unless the agreement for that COL120106 purpose, or some memoran…

Order of Court; Payment to Treasurer of Guam; Escheat. (a) Whenever an estate is in all other respects ready to be closed, and it is made to appear to the satisfaction of the Superior Court, by affidavit or by evidence taken in open court, that an allowed and ap- proved claim has…

For purposes of this Chapter, the term personal representative shall be defined as it is defined in Section 2501 of this Title. SOURCE: Guam Law Revision Commission. COMMENT: See Comment to § 2501, supra.

Within three (3) months after his appointment, or within such further time as the Superior Court of Guam for reasonable cause may allow, the personal representative must file with the Clerk of the Superior Court of Guam an inventory and appraisement of the estate of the decedent …

The inventory referred to in Section 2603 of this Title must show, so far as the same can be ascertained by the personal representative, what portion of the property is community property, and what portion is separate property of the decedent. SOURCE: Probate Code of Guam (1970),…

The naming of a person as executor does not thereby discharge such person from any just claim which the testator has against him, but the claim must be included in the inventory referred to in Section 2603 of this Title, and the executor is liable for the same as for so much mone…

Nature and Effect. The discharge or bequest in a will of any debt or demand of the testator against the executor or any other person is not valid against the creditors of the decedent, but is a specific bequest of the debt or demand. It must be included in the inventory referred …

The personal representative must take and subscribe an oath that the inventory referred to in Section 2603 of this Title contains a true statement of all of the estate of the decedent which has come to the personal representative's possession or knowledge, and particularly of all…

Estimated, by Personal Representative; Court has Discretion to Order Professional Appraisement of Personalty; Real Property to be Appraised by Court-Appointed Appraiser; Procedure. (a) (1) The personal representative shall appraise at fair market value moneys, currency, cash item…

No Clerk of the Superior Court of Guam or Deputy Clerk of the Superior Court of Guam, or partner or employee of a judge of the Superior Court of Guam, or person related to a judge of the Superior Court of Guam or to his spouse within the third degree, or who is married to a relat…

The inventory and appraisement shall be prepared in such form as to set down each item separately with the fair market value thereof at the time of the decedent's death in dollars and cents in figures opposite the respective items. The appraisement shall be signed by the personal…

The appraiser is entitled to receive, from the estate he appraises, his actual and necessary expenses and reasonable compensation for his services, to be allowed by the Superior Court of Guam; and the appraiser must file, with the inventory and appraisement, a verified account of…

Personal Representative. If the personal representative neglects or refuses to file the inventory and appraisement within the time prescribed, the Superior Court of Guam, upon notice, may revoke the personal representative's letters, and the personal representative shall be liabl…

Whenever property not included in the inventory referred to in Section 2603 of this Title comes to the possession or knowledge of the personal representative, the personal representative must cause an inventory and appraisement thereof to be made and filed in the manner prescribe…

COL120106 If any person embezzles, conceals, smuggles, or fraudulently disposes of any property of a decedent, he is chargeable therewith, and liable to an action by the personal representative of the estate for double the value of the property, to be recovered for the benefit of…

Upon complaint made under oath by a personal representative or other person interested in the estate of a decedent, that any person is suspected of having embezzled, concealed, smuggled, or fraudulently disposed of any property of the decedent, or has in his possession or has kno…

Embezzlement of Decedent's Property. If the person cited pursuant to the provisions of Section 2627 of this Title refuses to appear and submit to an examination, or to answer such interrogatories as may be put to him, touching the matters of the complaint made pursuant to the pro…

The Superior Court of Guam, upon the complaint, on oath, of any personal representative, may cite any person who has been entrusted with any part of the estate of the decedent to appear before the Superior Court of Guam and require such person to render a full account, on oath, o…

Representative; Personal Profits; Sales; Trust Company as Personal Representative Must Pay Interest. (a) Every personal representative is chargeable in his accounts with all of the estate of the decedent which comes into his possession, and with all the income, issues and profits…

Whenever required by the Superior Court, either upon its own motion or upon the application of any person interested in the estate, the personal representative must render and file with the Clerk of the Superior Court a verified account showing the amount of money received and ex…

Account; Enforcement of Accounting. Within thirty (30) calendar days after the time to file or present claims against the estate has expired, the personal representative must render a full and verified account and report of his administration, which shall include all of the matte…

Ceases. When the authority of a personal representative is revoked or ceases for any reason, he may be cited to appear before the Superior Court, at the instance of the person succeeding to the administration of the estate, in like manner as he might have been cited by any person…

Failure to Account. If the personal representative absconds or conceals himself so that a citation cannot be personally served, and he neglects to render an account as prescribed in this Chapter, or if an attachment has been executed and the personal representative neglects to re…

Redelivery. The personal representative shall keep vouchers for all payments which he has made, and may file them with the Clerk of the Superior Court, and shall produce and file them with the Clerk of the Superior Court if so ordered by the Superior Court or if a person interest…

Settlement. When an account is rendered for settlement, the Clerk of the Superior Court shall set the same for settlement by the Superior Court, COL120106 and notice thereof shall be given in the manner provided in Section 3401 of this Title. If the account is for final settlemen…

Any person interested in the estate may appear and file written exceptions to the account, and contest the same. Upon the hearing, the personal representative may be examined on oath touching the account and the property and effects of the decedent, and the disposition thereof. A…

Whenever an allowed claim is contested by any person entitled to contest it, either the contestant or the claimant is entitled to a trial of the issues, both of fact and of law, presented by the contest; and the Superior Court shall hear and determine such issues and shall enter …

Allowance on Accounting. If it appears that debts of the decedent have been paid without verified claims having been filed or presented and allowed and approved, COL120106 and it shall be proven that such debts were justly due, were paid in good faith, that the amount paid was th…

Allowances Without Vouchers; Restrictions. If it is proven that vouchers for any disbursements have been lost or destroyed, that it is impossible to obtain duplicates, and that the items were paid in good faith and were legal charges against the estate, the personal representativ…

The order settling and allowing the account, when it becomes final, is conclusive against all persons interested in the estate, saving, however, to persons under legal disability, the right to move for cause to reopen and examine the account, or to proceed by action against the p…

Representative; Accounting by Attorney; Fee for Such Accounting. If the personal representative dies or becomes incompetent, his accounts may be presented by his personal representative or guardian to, and settled by, the Superior Court, and, upon petition of the successor of suc…

The debts of the decedent, the expenses of administration and the charges against the estate shall be paid in the following order: 1. Expenses of administration; 2. Funeral expenses; 3. Expenses of last illness; 4. Family allowance; 5. Debts to the Government of Guam; 6. Wages, t…

Last Illness, Family Allowance and Wage Claims; Payment of Other Debts and Legacies on Court Order; Funeral and Last Illness Expenses to be Debts of Decedent's Estate. (a) As soon as the personal representative has sufficient funds in his hands, after retaining sufficient to pay …

Discharge of Personal Representative on Exhaustion of Estate. Upon the settlement of any account of the personal representative after the time to file or present claims has expired, the Superior Court shall order the payment of the debts, as the circumstances of the estate permit…

Court; Distribution; Interest Deduction From Claims Not Due; Insolvent Estates. If there is any claim not due, or any contingent or disputed claim against the estate, the amount thereof, or such part of the same as the holder would be entitled to if the claim were due, establishe…

When an order is made for the payment of creditors, the personal representative is personally liable to each creditor for his allowed claim, or the dividend thereon, and execution may be issued on such order, as upon a judgment, in favor of each creditor, and the same proceeding …

COL120106 When the accounts of the personal representative have been settled, and an order made for the payment of debts and distribution of the estate, no creditor whose claim was not included in the order for payment has any right to call upon the creditors who have been paid, …

Payment. If all of the debts have been paid by the first order for payment, the Superior Court must direct the payment of legacies and the distribution of the estate among the persons entitled, as provided in Chapter 30 of this Title; but if there are debts remaining unpaid, or i…

Petition; Contents; Determination; Order. (a) Whenever it appears that debts payable by the estate are also payable, in whole or in part, by the surviving spouse, the personal repre- sentative or any person interested in the estate may file a petition with the Clerk of the Superi…