Title 15 — Estates and Probate

Provided by Will; Renunciation. The personal representative shall be allowed all necessary expenses in the care, management, and settlement of the estate, and, for his services, the compensation provided in Sections 2803 and 2805 of this Title; but when the decedent, by his will,…

(a) The executor, when no compensation is provided by the will or he renounces all claim thereto as provided in Section 2801 of this Title, or the administrator, or the administrator with the will annexed, shall receive commissions upon the amount of the estate accounted for by h…

Personal Representatives. Such further allowances, over and above those provided by Section 2803 of this Title, may be made as the Superior Court may deem just and reasonable for any extraordinary services performed by the personal representative; provided, that no such further a…

between a personal representative and an heir, devisee or legatee, for a higher compensation than that allowed by Sections 2803 and 2805 of this Title, shall be void. SOURCE: Probate Code of Guam (1970), § 903.

COL120106 Any personal representative, at any time after six (6) months from the issuance of letters of testamentary, letters of administration or letters of administration with the will annexed, and upon such notice to the persons interested in the estate as the Superior Court s…

(a) The attorney for the personal representative shall be allowed out of the estate, as fees for conducting the ordinary probate proceedings, the same amount as is allowed by Section 2803 of this Title as the commission to the personal representative; provided, that if the person…

Any attorney who has rendered services to a personal representative, at any time after six (6) months from the issuance of letters testamentary, letters of administration or letters of administration with the will COL120106 annexed, and upon such notice to the personal representa…

Advancements. A gift before death shall be considered as an ademption of a bequest or devise of the property given; but such gifts shall not be taken as an advancement to an heir or as an ademption of a general legacy unless such intention is expressed by the testator in the gran…

Share of Donee. Any property, real or personal, given by the decedent in the decedent's lifetime as an advancement to an heir, is a part of the state of the decedent for the purposes of division and distribution thereof among the decedent's heirs, and must be taken by such heir t…

If the value of the property advanced as set forth in Section 2903 of this Title is expressed in the conveyance, or in the charge thereof made by the decedent, or in the acknowledgment of the party receiving it, it must be held as of the that value in the division and distributio…

If an heir receiving an advancement dies before the decedent, leaving heirs, the advancement must be taken into consideration in the division and distribution of the estate, and the amount thereof must be allowed accordingly by the representative or successors in interest of the …

All questions as to advancements made, or alleged to have been made, by the decedent to his heirs, may be heard and determined by the Superior Court, and must be specified in the decree assigning and distributing the estate; and the decree of the Superior Court, when it becomes f…

When two or more heirs, devises or legatees are entitled to the distribution of undivided interests in any real or personal property of the decedent and they have not agreed among themselves, before distribu- COL120106 tion, to a partition, allotment or other division thereof, an…

Contents; Citation. The petition referred to in Section 2911 of this Title may be filed with the Clerk of the Superior Court at any time after the time to file or present claims has expired, and before the distribution of the property to be affected has been ordered. The petition…

Notice; Parties to Proceeding. When all the persons in interest have appeared or are in default on a proceeding for partition as described in this Chapter, the Clerk of the Superior Court shall set the matter for hearing by the Superior Court. The persons in interest who have fil…

Property; Sale; Acceptance of Undivided Interests. The Superior Court, at the hearing provided for in Section 2915 of this Title, shall proceed to take evidence and to partition, allot, and divide the property so that each party shall receive property of a value proportionate to …

Referees. In a proceeding for partition as described in this Chapter, the Superior Court may, in its discretion, appoint one or three referees to partition property capable of being divided, if requested to do so by any party in interest. The number of referees appointed must con…

Apportionment of Expenses; Attorney's Fees. COL120106 The expenses of a partition provided by this Chapter shall be equitably apportioned by the Superior Court among the parties, but each party must pay his own attorney's fees. The amount charged to each party shall constitute a …

Review. The allotment made by the Superior Court in a proceeding for partition as described in this Chapter shall control upon proceedings for distribution, unless modified for good cause upon reasonable notice, and the proceedings leading to such allotment may be reviewed upon a…

Notice of Hearing; Opposition. (a) When four (4) months have elapsed after the first publication of the notice to creditors required by Section 2503 of this Title, and upon bond (or with or without bond, as the Superior Court determines, when the time for filing or presenting cla…

If, at the hearing referred to in Section 3001(b) of this Title, it appears that all of the allegations of the petition are true, that the estate is but little indebted, and that the legacy, devise or share of the estate or any portion thereof may be distributed without loss to t…

If the petition referred to in Section 3001(a) of this Title is made by the personal representative, the cost of the proceeding must be paid by the estate, excepting that when a partition is necessary the cost of the partition must be apportioned among the parties interested in t…

The delivery in accordance with the order referred to in Section 3003 of this Title is a full discharge of the personal representative in the territory of Guam in relation to all property embraced in such order, and when such order becomes final it binds and concludes all parties…

Administration; Citation; Revocation of Letters; Reduction of Fees or Commissions. (a) Within one (1) year from the date of issuance of letters testamentary, letters of administration with the will annexed or letters of administration, the personal representative must either peti…

Concerning Distribution to Assignees or Transferees; Statement of Receipts and Disbursements. (a) Immediately upon the final settlement of the accounts of the personal representative, or at any subsequent time, upon the application of the personal representative, or of any heir, …

In its order or decree of final distribution, the Superior Court must name the persons and the proportions or parts to which each is entitled, and such persons may demand, sue for, and recover their respective shares from the personal representative, or from any person having the…

or Legatee. If any heir, devisee or legatee who is issue of the decedent dies intestate while under age and not having been married, before the close of administration, no administration on the estate of such deceased heir, devisee or legatee is necessary, but his share of his an…

Distribution. If an heir, devisee or legatee dies before the distribution to him of his share of the estate, such share may be distributed to the personal representative of his estate for the purposes of administration thereon, or to the estate of such decedent for the purposes o…

Procedure; Claims; Time; Undistributed Portion. (a) If the Superior Court, at the time set for the hearing of the final account, or such time thereafter to which the matter might be continued, does not order final distribution of the entire balance of the estate remaining for dis…

Before any decree of distribution is made, all taxes due from the distributee and all personal property taxes due and payable by the estate must be paid. SOURCE: Probate Code of Guam (1970), § 1024. COMMENT: Section 3021 is intended to cover all distributions, both preliminary an…

Nonresidents, Absentees, Minors, etc. When property is assigned or distributed to a person residing out of, and having no agent in, the territory of Guam, or to a distributee who cannot be found or who refuses to accept the same or to give a proper voucher therefor, or to a minor…

Fiduciaries. If the assignee or distributee is a nonresident minor or a person who has a guardian, conservator, or other fiduciary of his estate legally appointed under the laws of any State, United States territory or country, the distribution of such assignee's or distributee's…

Property; Annual Account by Personal Representative; Claim for Money Deposited With Clerk. (a) When personal property remains in the hands of the personal representative unclaimed for one (1) year, or when the distributee refuses to accept or to give a proper receipt for the prop…

Inventory. Where a specific legacy is for life only, the life tenant must sign and deliver to the remainderman, or, if there is none, to the personal representative, an inventory of the property, expressing that the same is in the life tenant's custody for life only, and that, on…

Personal Representative in Jurisdiction of Decedent's Residence. Upon application for distribution after final settlement of the accounts of the personal representative, if the decedent was a nonresident of the territory of Guam and left a will which has been duly proved or allow…

Notice; Objections. The order referred to in Section 3031 of this Title may be made on the petition of the personal representative or of any person interested in the estate. When such petition is filed, the Clerk of the Superior Court shall set the same for hearing, and notice th…

Personal Representative. The delivery, in accordance with the order of the Superior Court referred to in Section 3031 of this Title, is a full discharge of the personal representative in the territory of Guam, in relation to all property embraced in such order, and when such orde…

to Administration. (a) When the estate has been fully administered, and it is shown by the personal representative, by the production of satisfactory vouchers, that the personal representative has paid all sums of money due from him, and delivered up, under the order of the Super…

Distribution to Territory of Guam; Notice to Treasurer of Guam. The final settlement of an estate, as in this Chapter provided, shall not prevent a subsequent issue of letters testamentary or of administration, or of administration with the will annexed, if other property of the …

Administration or Probate; Affidavit. When a decedent leaves no real property, nor interest therein nor lien thereon, in Guam, and the total value of the decedent’s property in Guam, excluding any motor vehicle of which the decedent was the owner or the legal owner, over and abov…

When a COLA awardee as defined by Title 4 GCA § 7101(4) dies before receiving the award and the Director of Administration determines that Title 4 GCA § 7102 does not apply, the Director shall pay over the COLA award as defined by Title 4 GCA § 7101 (3) as follows: (a) If no proc…

2017 NOTE: During the codification process from the Probate Code of Guam to Title 15 of the Guam Code Annotated, the Law Revision Commission did not include a provision for § 3102; it was left vacant.

Right to Three Thousand Seven Hundred Fifty Dollars ($3,750) from Deposits in Savings Institutions. Whether a person dies testate or intestate, and irrespective of the character of his property, if the value of the estate does not exceed Fifty-Two Thousand Five Hundred Dollars ($…

[Repealed, reserved, or text not separately stated.]

(a) The receipt of the affiant or affiants referred to in Sections 3101 and 3103 of this Title shall constitute sufficient acquittance for the payment of money or delivery of property made pursuant to the provisions of Section 3101 and 3103 of this Title and shall fully discharge…

[Repealed, reserved, or text not separately stated.]

For the purposes of this Article, any property or interest therein or lien thereon which, at the time of the decedent’s death, was held by the decedent as joint tenant, or in which the decedent had a life estate or other estate terminable upon the decedent’s death, shall be exclu…

ARTICLE 2 SETTING ASIDE ESTATES NOT EXCEEDING $112,500.00

($112,500); Authority to Set Aside. If the decedent leaves a surviving spouse or minor child or minor children, and the net value of the whole estate, over and above all liens and encumbrances at the date of death and over and above the value COL 2025-08-27 of any homestead inter…

[Repealed, reserved, or text not separately stated.]