Title 15 — Estates and Probate

($112,500): Petition; Allegations; Time; Verification; Contents. Allegations showing that this Article is applicable, together with a prayer that the estate be set aside as provided in this Article, may be presented without filing a petition for letters testamentary, letters of a…

[Repealed, reserved, or text not separately stated.]

($112,500): Notice of Hearing; Proceedings Included in Petition for Letters. If the allegations and prayer as provided in § 3111 of this Title are included in the petition for letters testamentary, letters of administration with the will annexed or letters of administration, the …

[Repealed, reserved, or text not separately stated.]

($112,500): Notice of Hearing; Proceedings Under Separate Petition. (a) If a separate petition is filed under the provisions of § 3111 of this Title without there having been any other petition filed, there shall be no notice of any type other than as prescribed in this subsectio…

[Repealed, reserved, or text not separately stated.]

($112,500): Inventory and Appraisement; Filing. Upon the filing of any petition provided for in this Article, the personal representative shall, within such time as the Superior Court shall allow, cause an inventory and appraisement of the decedent’s estate to be made and filed i…

[Repealed, reserved, or text not separately stated.]

($112,500): Decree Assigning Estate to Surviving Spouse, Child or Children; Title to Property; Restriction on Right. If, upon the hearing of any petition provided for in this Article, the Superior Court finds that the net value of the estate over and above all liens and encumbran…

[Repealed, reserved, or text not separately stated.]

($112,500): Personal Liability for Unsecured Debts of Decedent; Duration. A surviving spouse or a minor child or children in whom title has vested pursuant to the provisions of § 3119 of this Title shall be personally liable for the unsecured debts of the decedent. The personal l…

[Repealed, reserved, or text not separately stated.]

($112,500): Denial of Assignment; Grounds; Effect. If the Superior Court finds that the net value of the estate exceeds One Hundred Twelve Thousand Five Hundred Dollars ($112,500), or that there is neither a surviving spouse nor a minor child, it shall act upon the petition for l…

[Repealed, reserved, or text not separately stated.]

($112,500): Exclusion of Joint Tenancy, Life Estate, or Other Estate Terminable at Death. 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 deced…

Application. At any time after the first publication of the notice to creditors required by Section 2503 of this Title and prior to the time a petition for final distribution has been filed, the personal representative or any person claiming to be an heir of the decedent or entit…

Hearing; Conclusiveness of Decree. COL4132017 DISTRIBUTION; ESTABLISHING FACT OF DEATH (a) At the time appointed for the hearing referred to in Section 3201 of this Title, the Superior Court shall hear the petition referred to in Section 3201 of this Title and any objection there…

Who May File Petition; Contents. When title to real or personal property, or any interest therein, vests, other than by the laws of succession, in the heirs, heirs of the body, issue, or children of any person, without other description or means of identification of the persons e…

(a) The Clerk of the Superior Court shall set the petition referred to in Section 3205 of this Title for hearing, and notice thereof shall be given in the manner provided in Section 3401 of this Title. At any time before the hearing any person interested in the property may answe…

Time for Filing. When a right of any person depends upon the death of another, such person may file with the Clerk of the Superior Court a petition setting forth the facts giving rise to the presumption that the other person is dead and praying that such other person's death be j…

Determination; Order. (a) The Clerk of the Superior Court shall set the petition referred to in Section 3209 of this Title for hearing, and notice thereof shall be given in the manner provided in Section 3401 of this Title. At any time before the hearing any person interested may…

(a) When a trust created by a will continues after distribution, the Superior Court shall not lose jurisdiction of the estate by final distribution, but shall retain jurisdiction for the purpose of determining to whom the property shall pass and be delivered upon final or partial…

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

Whenever a trustee receives additions to a testamentary trust in accordance with a decree rendered pursuant to the provisions of Section 3301 of this Title, such additions shall be subject to the jurisdiction of the Superior Court in the same respects as property received by the …

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

(a) On petition of the trustee, made at any time, or on petition of the personal representative included in a petition for preliminary or final distribution, where after hearing it appears to be necessary or desirable in order to carry out the purposes of a testamentary trust tha…

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

When any beneficiary under a testamentary trust shall have made a request for special notice pursuant to the provisions of Section 3403 of this Title, a copy of the petition and a copy of the account and report provided for in Section 3301 of this Title shall be attached to the n…

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

Trust; Order for Change in Trustee, Modification of Terms or Termination of Trust. (a) If upon petition of the trustee or any beneficiary of a testamentary trust, the Superior Court shall at any time determine that the fair market value of the principal of the trust has become so…

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

Upon the application of any beneficiary of a testamentary trust, or the guardian of a beneficiary, the Superior Court, in its discretion, may order the trustee, after citation, to render his account; and such application shall not be denied where no account has been rendered to t…

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

(a) If the will contains provisions for a testamentary trustee’s compensation, such trustee shall be entitled to be compensated in accordance therewith. Upon proper showing, the Superior Court may in the decree of distribution or thereafter fix or allow greater compensation than …

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

A decree rendered under the provisions of this Article, when it becomes final, shall be conclusive upon all persons in interest, whether or not they are in being. SOURCE: Probate Code of Guam (1970), § 1123.

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

(a) The Superior Court shall have power to remove a trustee of a testamentary trust, whether or not any property has been distributed to such trustee, who has violated or is unfit to execute the trust or has acquired any interest or become charged with any duty adverse to the int…

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

The Superior Court, whenever it appears from the verified petition of a beneficiary of a testamentary trust or other person interested in the trust, or from facts coming to its attention, that the assets of the trust or the interests of a beneficiary may suffer loss or injury dur…

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

The jurisdiction and procedure provided by Sections 3317 and 3319 of this Title shall be exclusive. SOURCE: California Probate Code, § 1123.7.

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

Any person named or designated as a trustee in a will may, at any time before distribution of any of the estate to him, decline to act as such trustee, by a writing filed with the Clerk of the Superior Court. Within five (5) calendar days from the filing of such writing, such per…

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

The Superior Court shall have power, at any time before final distribution, to appoint some fit and proper person to fill any vacancy in the office of trustee under the will, whether resulting from declination as provided for in Section 3323 of this Title, from removal, or otherw…

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

Liability on Bond. (a) Any person named or designated as trustee in a will, or any successor trustee, may, at any time after the distribution of any of the estate to him, file with the Clerk of the Superior Court a petition tendering his resignation as such trustee and setting fo…

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

If after distribution a trustee of a testamentary trust dies, resigns, fails or declines to act, cannot be identified, or is for any reason incapable of acting, or is removed or a vacancy in the trusteeship is otherwise created or exists, the Superior Court shall have the power t…