Title 15, Estates and Probate

(a)(1) Upon the filing of the following petitions: (A) A petition for the probate of a will and for the grant of letters testamentary or of letters of administration with the will annexed, filed under the provisions of Section 1515 of this Title; (B) A petition for letters of adm…

At any time after letters have issued to the personal representative, any person interested in the estate, whether as heir, devisee, legatee, creditor, beneficiary under a trust, or as otherwise interested, or the Treasurer of Guam, may, in person or by attorney, serve upon the p…

When compensation, pension, insurance or other allowance is made or awarded by the United States government, or a department or bureau thereof, to estates of decedents, the department or bureau making or awarding such compensation, pension, insurance or allowance, shall have the …

Whenever the Superior Court of Guam deems that the notice which has been given for any proceeding or hearing is insufficient, it may require such further and additional notice to be given as it deems proper. SOURCE: Probate Code of Guam (1970), § 1204.

The Superior Court of Guam may continue or postpone any hearing or other proceeding, from time to time, in the interest of justice, and no further notice of the continued or postponed hearing or other proceeding is required unless ordered by the Superior Court of Guam. SOURCE: Pr…

When personal notice is required, and no mode of giving it is prescribed by this Title, it shall be given by citation. The citation must be directed to the person to be cited, signed by the Clerk of the Superior Court of Guam, issued under seal of the Superior Court of Guam, and …

The citation referred to in Section 3411 of this Title may be issued by the Clerk of the Superior Court of Guam upon the application of any party, without an order of the Superior Court of Guam, except in cases in which such order is expressly required by law. The citation shall …

Guardians. Whenever a minor or an insane or incompetent person has a guardian of his estate residing in the territory of Guam, personal service upon the guardian of any process, notice or order of the Superior Court of Guam, concerning the estate of a deceased person in which the…

When any publication is ordered by the Superior Court of Guam, such publications must be made daily, or otherwise as often during the prescribed period as the newspaper is regularly issued, unless otherwise provided by this Title. The Superior Court of Guam may, however, order a …

Orders and decrees made by the Superior Court of Guam in probate proceedings need not recite the existence of facts, or the performance of acts, upon which the jurisdiction of the Superior Court of Guam may depend, but it is only necessary that they contain the matters ordered or…

When an order is made setting apart a homestead, confirming a sale or making distribution of real property, or determining any other matter affecting the title to real property, a certified copy thereof shall be recorded in the Department of Land Management of the Government of G…

COL061308 All issues of fact joined in probate proceedings must be tried in conformity with the rules of practice in civil actions. The party affirming is plaintiff, and the one denying or avoiding is defendant. The Superior Court of Guam shall try the issues joined, and sign and…

A motion for a new trial in probate proceedings can be made only in cases of contests of wills, either before or after probate, in proceedings to determine heirship and interests in estates, and in those cases where the issues of fact, of which a new trial is sought, were of such…

Estate. When not otherwise prescribed by this Title, either the Superior Court of Guam or the court on appeal may, in its discretion, order costs to be paid by any party to the proceedings, or out of the assets of the estate, as justice may require. SOURCE: Probate Code of Guam (…

Procedure). Except as otherwise provided in this Title, the provisions of Title 7 Guam Code Annotated commencing with Chapter 11 and the Guam Rules of Civil Procedure are applicable to and constitute the rules of practice in the proceedings mentioned in this Title with regard to …

Council May Alter, Delete or Add Forms; Effective Date of Alterations, Deletions or Additions. The official forms contained in Appendix "A" to this Title may be used in any proceeding in which they are applicable, and when so used shall be accepted as adequate by the Superior Cou…

An appeal may be taken to the Supreme Court of Guam from an order of the Superior Court of Guam granting or revoking letters testamentary, letters of administration with the will annexed or letters of administration; admitting a will to probate or revoking the probate thereof; se…

A Guardian is a person appointed to take care of the person or property of another. The latter is called the ward of the guardian. The relation of guardian and ward is confidential, and is subject to the provisions of law relating to trusts. In the management and disposition of t…

Guardians are either general or special. A general guardian is a guardian of the person or of the general estate of the ward within this Territory, or of both. Every other is a special guardian. SOURCE: Probate Code of Guam (1970), § 1401.

A parent may appoint a guardian by will or by deed for the property of any child of such parent, living or likely to be born, which such child may take from such parent by will or succession. COL7102014 CREATION OF THE RELATIONSHIP OF GUARDIAN AND WARD SOURCE: Probate Code of Gua…

at Death. Either parent of a legitimate child, living or likely to be born, may appoint a guardian of the person and estate or person or estate, of such child, by will or by deed, to take effect upon the death of the parent appointing, with the written consent of the other parent…

Person. Either parent of an unmarried, insane or incompetent person may appoint a guardian of the person and estate or person or estate, of such person, by will or by deed, to take effect upon the death of the parent appointing, with the written consent of the other parent, or if…

The Superior Court shall appoint a general guardian of the person and estate or person or estate, of minors and insane or incompetent persons, whenever necessary or convenient, and when no guardian has been appointed for the purpose by will or by deed. The court, in its discretio…

In appointing a general guardian of a minor, the court is to be guided by what appears to be for the best interest of the child in respect to its temporal and mental and moral welfare; and if the child is of sufficient age to form an intelligent preference, the court may consider…

Of persons equally entitled in other respects to the guardianship of a minor, preference is to be given as follows: 1. To a parent; 2. To one who was indicated by the wishes of a deceased parent; 3. To one who already stands in the position of a trustee of a fund to be applied to…

As between parents claiming the guardianship adversely to each other, neither is entitled to priority; but other things being equal, if the child is of tender years, it should be given to the mother; if it is of an age to require education and preparation for labor and business t…

A parent who knowingly or wilfully abandons or having the ability so to do, fails to maintain his minor child under fourteen (14) years of age, forfeits all right to the guardianship of such child and a parent or guardian who knowingly permits his child or ward to become an objec…

COL7102014 CREATION OF THE RELATIONSHIP OF GUARDIAN AND WARD The authority of a guardian is not extinguished or affected by the marriage of the guardian. SOURCE: Probate Code of Guam (1970), § 1410.

No person ineligible to citizenship in the United States and no company, association or corporation of which a majority of the members are aliens ineligible to citizenship in the United States, or in which a majority of the issued capital stock is owned by such aliens, may be app…

$1000. If a minor has no guardian of his estate, money belonging to the minor not exceeding the sum of Two Hundred Fifty Dollars ($250) may be paid to a parent of the minor entitled to the custody of the minor to hold for the minor, upon written assurance of such parent that the …

When a minor has a disputed claim for money against a third person, his father, or if his father is dead or has deserted or abandoned him, then his mother shall have the right to compromise such claim; but before the compromise is valid it must be approved by the Superior Court, …

The parent receiving any money under the provisions of this Chapter shall account to the minor for the money when the minor reaches the age of majority. COL120106 SOURCE: Probate Code of Guam (1970), § 1432.

No guardian shall be appointed of the person of a married minor. SOURCE: Probate Code of Guam (1970), § 1433. ---------- COL120106

When it appears necessary or convenient, the Superior Court may appoint a guardian for a minor's person and estate or person or estate. The appointment may be made upon the petition of a relative or other person on behalf of the minor, or on the petition of the minor, if fourteen…

Before making the appointment, such notice as the court or a judge thereof deems reasonable must be given to the person having the care of the minor and to such relatives of the minor residing in the territory of Guam as the court or judge deems proper. In all cases notice must b…

In such proceeding, when it appears to the court or judge either from a verified petition or from affidavits, that the welfare of the minor will be imperiled if he is allowed to remain in the custody of the person then having his care, an order may be made providing for his tempo…

The Superior Court, to which application is made as hereinafter provided, may appoint a guardian for the person and estate or person or estate of an insane or an incompetent person. As used in this Division of this Title, the phrase incompetent person, incompetent or mentally inc…

Any relative or friend may file a verified petition alleging that a person is insane or incompetent. Thereupon the clerk shall set the same for hearing by the court and shall cause notice to be given to the alleged insane or incompetent person of the time and place of hearing, no…

If, upon the hearing, it appears to the court that the person in question is insane or incompetent, the court must appoint a guardian of his person and estate or person or estate. In awarding letters of guardianship, the court shall give preference to such person as may have been…

Any person who has been declared insane, or for whom a guardian has been appointed as an insane or incompetent person, or the guardian or any relative or friend, may apply, by petition, to the Superior Court, to have the fact of his restoration to capacity judicially determined. …

The clerk shall set the petition for hearing by the court. At the request of the person so declared insane or for whom a guardian has been appointed, the question of his restoration to capacity must be tried by the court. At least five (5) days' notice of the trial must be given …

On the trial, the guardian or relative of the person so declared insane or for whom a guardian has been appointed, and, in the discretion of the court, any other person, may contest the right to the relief demanded. Witnesses may be required to appear and testify, as in civil cas…

Before the order appointing a guardian takes effect, and before letters issue, the person appointed must take an oath, which must be attached to or endorsed upon his letters, that he will perform the duties of his office as such guardian according to law, and, except as otherwise…

Upon filing the bond, duly approved, letters of guardianship shall issue to the person appointed, substantially in the same form as letters of administration. SOURCE: Probate Code of Guam (1970), § 1481.

COL120106 Before any sale of real property is confirmed or any mortgage is authorized by which money is to be raised, the guardian must furnish such additional bond to the ward as shall be required by the court, with two or more persons or an authorized surety as surety, to be ap…

The court may require a new bond to be given by a guardian when- ever it deems it necessary; and when it appears that no injury can result therefrom to those interested in the estate, it may discharge the existing sureties from further liability, after such notice given as the co…