Title 15 — Estates and Probate

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…

Every testamentary guardian must qualify and has the same powers and must perform the same duties with regard to the person and estate of his ward as guardians appointed by the court, except so far as his powers and duties are legally modified, enlarged or changed by the will by …

A testamentary guardian need not give bond unless required by the court from which the letters issue. SOURCE: Probate Code of Guam (1970), § 1485.

Every bond given by a guardian must be filed and preserved in the office of the clerk of the court, and in case of a breach of a condition thereof, may be sued upon for the use and benefit of the ward, or of any person interested in the estate. SOURCE: Probate Code of Guam (1970)…

COL120106 No action may be maintained against the sureties on a bond given by a guardian unless commenced within three (3) years from the discharge or removal of the guardian; but if at the time of such discharge the person entitled to bring the action is under any legal disabili…

Every guardian has the care and custody of the person of his ward and the management of his estate or the care and custody of the person of his ward or the management of his estate, according to the order of appointment, until legally discharged, or, in case of the guardianship o…

Every guardian must pay the ward's just debts out of the ward's personal estate and the income of his real estate, if sufficient; if not, then out of his real estate upon selling or mortgaging any of his real property as hereinafter provided. He must demand, sue for and collect a…

Every guardian of an estate must manage it frugally and without waste, and apply the income, as far as may be necessary, to the comfortable and suitable support, maintenance and education of the ward and his family, if any; and if the income is insufficient for that purpose, he m…

Whenever a guardian fails, neglects or refuses to furnish suitable support, maintenance or education for his ward, the court may order him to do so, and enforce such order by proper process, and whenever a third person, at the request of a ward, supplies him with such suitable su…

If a minor, having a father living, has property, the income of which is sufficient for his support, maintenance and education in a manner more expensive than his father can reasonably afford, regard being had to the situation of the father's family and to all the circumstances o…

If a husband is unable to provide suitably for the support and maintenance of a wife over whose estate a guardian has been appointed by reason of her incompetency, the expense of providing such support or maintenance may, to the extent necessary, be charged against and defrayed o…

When a ward owns an undivided interest in real or personal property, the guardian of his estate may commence and prosecute an action for the partition thereof or may consent and agree to a partition thereof without action and to the part to be set off to his ward, and may execute…

The order granting such authority shall be made only after a hearing in open court upon the petition of the guardian. Upon filing the petition, the clerk of the court shall set the same for hearing by the court and cause notice thereof to be mailed, at least ten (10) days before …

When a ward or his guardian, as such, is made a defendant in a partition suit, the guardian may defend the same without leave of court. SOURCE: Probate Code of Guam (1970), § 1508.

A contract for attorney's fees for services in litigation, made by or on behalf of a minor, is void unless the contract is approved by the court COL120106 in which the litigation is pending or the court having jurisdiction of the estate of the minor, upon petition of any person i…

If the judgment is for the recovery of money or other property, and there is no general guardian of the minor, one shall be appointed by the court to receive and care for the money or property recovered, upon notice and a hearing as in other cases of appointment. But if a minor h…

Whenever the court fixes or approves and attorney's fee for services rendered to or for the benefit of a minor in litigation pending before it, it may direct the judgment debtor to pay such fee to the attorney and the balance of the judgment to the guardian ad litem or general gu…

When a person is appointed guardian of a minor, the court, with the consent of such person, may insert in the order of appointment conditions not otherwise obligatory, providing for the care, treatment, education and welfare of the minor and for the care and custody of his proper…

COL120106 A guardian may deposit any money belonging to the ward with any bank licensed to do business in the territory of Guam, whereupon he shall be discharged from further care or responsibility therefor until the money is withdrawn by him. Unless the money is deposited pursua…

When it is for the advantage, benefit and best interests of the Government of the territory of Guam and those interested therein, that an easement for public street, storm drain, sewer or highway purposes over the real estate or some part thereof, be dedicated without considerati…

If the income of an estate under guardianship is insufficient for the support, maintenance and education of the ward and of such members of his family as he is legally obligated to support and maintain, including his care, treatment and support, if confined in a hospital, or if t…

When it will benefit a ward to sell any of his real or personal property and to put out the proceeds at interest or invest the same in some productive stock or bonds, or in the improvement or security of any other real property of the ward, his guardian may sell the same for that…

All sales must be for cash or for part cash and part deferred pay- ments, the credit in no case to exceed three (3) years from the date of sale, and the terms being subject to the approval of the court. When real COL120106 property is sold upon deferred payments, the guardian mus…

A guardian may borrow money, with or without giving security, when it will benefit his ward, and in addition to the contingencies mentioned in § 4201 of this Title, may mortgage real or personal property of the ward in order to pay, reduce, extend or renew some lien or mortgage a…

Sales by guardians may be at public auction or private sale, as the guardian deems best. All proceedings concerning sales by guardians, giving notice of sale, reselling the same property, return of sale and application for confirmation thereof, notice and hearing of such applicat…

When the ward is or has been, during the guardianship, confined in a hospital [for insane] in Guam, notice of the hearing of the return must be given to the Attorney General at least five (5) days before the hearing. SOURCE: Probate Code of Guam (1970), § 1535.

The guardian must apply the proceeds of the sale to the purposes for which it was made, as far as necessary, and put out the residue, if any, at interest, or invest it in the best manner in his power, until needed for the COL120106 support, maintenance or education of the ward or…

When an incompetent ward is bound by a contract in writing to convey any real property, executed by him while competent or executed by his predecessor in interest, the court may authorize and direct his guardian to convey the property to the person entitled thereto. The proceedin…

Promissory notes for money borrowed, mortgages, leases and agreements for the sale of, or for options to purchase real property worked as mines, may be executed by guardians, with respect to the property of their wards, only upon obtaining an order of court authoriz- ing the same…

No action for the recovery of any property sold by a guardian can be maintained by the ward or any person claiming under him, unless commenced within three (3) years after the termination of the guardianship, or, when a legal disability to sue exists by reason of minority or othe…

Within three (3) months after his appointment or within such further time as the court or judge for reasonable cause may allow, the guardian must file with the clerk of the court an inventory and appraisement of the estate of his ward. The guardian must make oath to the inventory…

If the guardian neglects or refuses to file the inventory within the time prescribed, the court, upon notice, may revoke his letters and he shall be liable on his bond for any injury to the estate or any person interested therein, arising from such failure. SOURCE: Probate Code o…

COL120106 Upon complaint under oath made by a guardian, ward, creditor or other person interested in the ward's estate, or having a prospective interest therein as heir or otherwise, that any person is suspected of having embezzled, concealed, smuggled or fraudulently disposed of…

At the expiration of a year from the time of his appointment, and as often thereafter as he may be required by the court, the guardian must present his account to the court for settlement and allowance. When account is rendered by two or more joint guardians, the court, in its di…

No account of the guardian of an insane person who is or has been during guardianship confined in a hospital, shall be settled or allowed unless notice of the settlement of the account has been given to the Attorney General at least five (5) days before the hearing. SOURCE: Proba…

The termination of the relation of guardian and ward by the death of either guardian or ward or by the ward attaining his majority, or being restored to capacity, shall not cause the court to lose jurisdiction of the proceeding for the purpose of settling the accounts of the guar…

Every guardian shall be allowed the amount of his reasonable expenses incurred in the execution of his trust, and shall have such COL120106 compensation for his services as the court, in which his accounts are settled, deems just and reasonable. He shall also be allowed all reaso…

On the application of the guardian or of any person interested in the estate of the ward, and after such notice to persons interested therein as the court or judge shall direct, the court may authorize and require the guardian to invest the proceeds of sales, and any other of his…

The Superior Court may appoint a guardian of the person and estate or person or estate, of a minor or insane or incompetent person who resides out of the territory of Guam and who is within the territory of Guam or who has estate within Guam, and who has no guardian within Guam, …

Every guardian of a nonresident ward has the same powers and duties, with respect to the estate of the ward within the territory of Guam, and with respect to the person of the ward while living therein, as are prescribed by this Title with respect to any other guardian. Such guar…

When the guardian and ward are both nonresidents, and the ward owns property in the territory of Guam which may be removed to another country without conflict with any restriction or limitation thereupon or impairing the right of the ward thereto, such property may be removed to …

Such application must be made upon ten (10) days' notice to the resident guardian or executor or administrator, if there be such. The nonresident guardian must produce and file a certificate, under the hand of the clerk and seal of the court from which his appointment was derived…

Upon such application, unless good cause to the contrary is shown, the court must make an order granting to such guardian leave to remove the property of his ward to the state, territory or country of his residence, which is authority to him to sue for and receive the same in his…

A guardian appointed by will or deed or by the court may be removed by the court for any of the following causes: 1. For waste or mismanagement of the estate or abuse of his trust; 2. For failure to file an inventory or to render an account within the time allowed by law or for c…

The removal may be ordered after such notice to the guardian as the court or a judge thereof may require; and the court may compel him to surrender the estate of the ward to the person found to be lawfully entitled thereto. Pending the hearing, the court or the judge thereof may …

Any guardian may resign when it appears proper to allow it; and upon the resignation or removal of a guardian, the court may appoint COL120106 another in his place, after notice and a hearing as in the case of an original appointment. SOURCE: Probate Code of Guam (1970), § 1582. …

1. The marriage of a minor ward terminates the guardianship of the person, but not of his estate. 2. If the appointment of a guardian is made solely because of the ward's minority, the guardianship is terminated by his attaining majority. 3. In all other cases the guardianship is…

On the death of one of two or more joint guardians, the powers continue in the survivor until a further appointment is made by the court. SOURCE: Probate Code of Guam (1970), § 1591.

After a ward has reached his majority, he may settle accounts with his guardian and give him a release, which is valid if obtained fairly and without undue influence. SOURCE: Probate Code of Guam (1970), § 1592.