Chapter 1

GUAM CODE ANNOTATED TITLE 15 ESTATES AND PROBATE UPDATED THROUGH P.L. 34-143 (DECEMBER 12, 2018) COL3/1/2019 TABLE OF CONTENTS TITLE 15 ESTATES & PROBATE DIVISION 1 WILLS Chapter 1. Who May Make and Take By a Will. §§ 101-121 Chapter 2. Execution of Wills. §§ 201-209 Chapter 3. Deposit of Wills. §§ 301-305 Chapter 4. Revocation of Wills. §§ 401-419 Chapter 5. Kindred not Mentioned in Will, Who Share in Estate. §§ 501-505 Chapter 6. Interpretation of Wills; Effects of Cert ain Provisions; Conditions and Remainders; Legacies and Interest. §§ 601-649 Chapter 7. Testamentary Additions to Trusts, Life I nsurance and Other Trusts; Bequests to Minors; Disclaimer of Testamentary and Other Interests. Article 1. Testamentary Additions to Trusts. §§ 701-707 Article 2. Life Insurance and Other Trusts. §§ 709-725 Article 3. Bequests to Minors. §§ 727-745 Article 4. Disclaimer of Testamentary and Other Interests. §§ 747-767 DIVISION 2 SUCCESSION & SIMULTANEOUS DEATH Chapter 8. Succession & Securities Transfer. Article 1. Succession. General Provisions. §§ 801-821 Article 2. Uniform Transfer on Death Security Registration A ct. §§ 851-863 Chapter 9. Succession to Separate Property.

on & Securities Transfer. Article 1. Succession. General Provisions. §§ 801-821 Article 2. Uniform Transfer on Death Security Registration A ct. §§ 851-863 Chapter 9. Succession to Separate Property. §§ 901-921 Chapter 10. Succession to Community Property. §§ 1001-1009 Chapter 11. Disposition of 'Quasi-Community' Proper ty. §§ 1101-1107 Chapter 12. Escheat. §§ 1201-1213 Chapter 13. Simultaneous Death. §§ 1301-1321 COL3/1/2019 DIVISION 3 ADMINISTRATION OF DECEDENTS ’ ESTATES Chapter 14. Jurisdiction. §§ 1401-1407 Chapter 15. Probate of Wills. §§ 1501-1531 Chapter 16. Will Contests. Article 1. Contests Before Probate. §§ 1601-1609 Article 2. Contests After Probate. §§ 1611-1619 Article 3. General Provisions. § 1621 Chapter 17. Appointment of Executors and of Adminis trators with the Will Annexed. §§ 1701-1725 Chapter 18. Appointment of Administrators. §§ 1801-1821 Chapter 19. Appointment of Special Administrator. §§ 1901-1915 Chapter 20. Oaths, Form of Letters, and Security fo r Faithful Performance of Personal Representative. Article 1. Oaths and Form of Letters. §§ 2001-2009 Article 2. Security for Faithful Performance of Personal Rep resentative's Trust. §§ 2011-2033 Chapter 21.

l Performance of Personal Representative. Article 1. Oaths and Form of Letters. §§ 2001-2009 Article 2. Security for Faithful Performance of Personal Rep resentative's Trust. §§ 2011-2033 Chapter 21. Removal and Substitution of Personal Re presentatives. §§ 2101-2119 Chapter 22. Powers and Duties of Executors, Adminis trators with the Will Annexed and Administrators. §§ 2201-2229 Chapter 23. Personal Representative's Dealings with Estate Property. §§ 2301-2393 Chapter 24. Support of Family, Homestead and Exempt Property, Family Allowance. §§ 2401-2421 Chapter 25. Presentation and Payment of Claims Agai nst the Estate. §§ 2501-2571 Chapter 26. Inventory and Appraisement. §§ 2601-2631 Chapter 27. Accounting and Payment of Debts. §§ 2701-2741 Chapter 28. Compensation. §§ 2801-2813 Chapter 29. Advancements, Ademption, Partition Befo re Distribution. §§ 2901-2923 Chapter 30. Distribution and Discharge. §§ 3001-3039 Chapter 31. Disposition of Estates of Small Value. COL3/1/2019 Article 1. Transfer of Personal Property Not Exceeding $75,0 00.00 in Value. §§ 3101-3107 Article 2. Setting Aside Estates Not Exceeding $75,000.00. §§ 3109-3125 Chapter 32.

Small Value. COL3/1/2019 Article 1. Transfer of Personal Property Not Exceeding $75,0 00.00 in Value. §§ 3101-3107 Article 2. Setting Aside Estates Not Exceeding $75,000.00. §§ 3109-3125 Chapter 32. Determination of Heirship or Entitlemen t to Distribution; Establishing Fact of Death. §§ 3201-3211 Chapter 33. Administration of Trusts. Article 1. Testamentary Trusts. §§ 3301-3339 Article 2. Transfer to Another Jurisdiction. §§ 3341-335 3 Article 3. Transfer From Another Jurisdiction. §§ 3355-3 371 Chapter 34. Notices, Orders, Procedure, Appeals, Fo rms. §§ 3401-3433 DIVISION 4 GUARDIAN AND WARD Chapter 35. The Relationship and Rules Governing th e Creation of the Relationship of Guardian and Ward. §§ 3501-3512 Chapter 36. When Guardianship not Necessary. §§ 3601-3604 Chapter 37. Appointment of Guardians for Minors. §§ 3701-3703 Chapter 38. Appointment of Guardians for Insane or Incompetent Persons. §§ 3801-3803 Chapter 39. Restoration to Capacity. §§ 3901-3903 Chapter 40. Oaths, Bonds and Letters. §§ 4001-4008 Chapter 41. Powers and Duties. §§ 4101-4115 Chapter 42. Sales, Mortgages, Leases and Conveyance s. §§ 4201-4210 Chapter 43. Inventory and Accounting.

hapter 40. Oaths, Bonds and Letters. §§ 4001-4008 Chapter 41. Powers and Duties. §§ 4101-4115 Chapter 42. Sales, Mortgages, Leases and Conveyance s. §§ 4201-4210 Chapter 43. Inventory and Accounting. §§ 4301-4308 Chapter 44. Nonresident Wards. §§ 4401-4405 Chapter 45. Suspension, Removal and Resignation. §§ 4501-4503 Chapter 46. Termination of Guardianship. §§ 4601-4604 Chapter 47. Notices and Procedure. §§ 4701-4705 Chapter 48. Appeals. §§ 4801-4802 Chapter 49. Probate Administration of Guam Land Cla ims Awards. §§ 4901-4912 COL3/1/2019 Chapter 50. Revised Uniform Fiduciary Access to Dig ital Assets Act. §§ 5001-5019 Chapter 51. Probate Administration of Guam World Wa r II Claims. §§ 5101-5105 Appendix A. Official Forms. COL3/1/2019 COL3/1/201915 GCA ESTATES AND PROBATE CH. 1 WHO MAY MAKE AND TAKE BY A WILL 1 2014 NOTE: Public Law 16-052 (Dec. 17, 1981) repealed the Pro bate Code of Guam (1970), and enacted Title 15 of Guam Code A nnotated, Estates and Probate. Title 15 contains Source notes and Comment s drafted by the Law Revision Commission. The Source notes have been upd ated to reflect subsequent changes to each provision.

notated, Estates and Probate. Title 15 contains Source notes and Comment s drafted by the Law Revision Commission. The Source notes have been upd ated to reflect subsequent changes to each provision. Unless otherw ise indicated, the Comments have been retained as originally printed i n past publications of the GCA, and are included herein for historical purpose s. A prior print publication of the Title 15 GCA conta ined the following introduction from the former Compiler of Laws: A new Title 15 of the Guam Code Annotated was enac ted by the Legislature (P.L. 16-52) to replace the form er Probate Code of Guam. Title 15 contains four Divisions: Wil ls, Succession and Simultaneous Death, Administration o f Decedent’s Estates, and Guardian and Ward. This Tit le is a comprehensive re-enactment of the Probate Laws of G uam. However, the former Guardian and Ward portions of t he Probate Code of Gum were re-enacted without change and can be found in Chapter 35 through the end of the Title. The basis of the substantive changes is California law as of the date of drafting (1980). The procedural changes have been made to suit the conditions on Guam.

hapter 35 through the end of the Title. The basis of the substantive changes is California law as of the date of drafting (1980). The procedural changes have been made to suit the conditions on Guam. The Law Revisi on Commission decided not to follow the new Model Prob ate Code as there has been little dissatisfaction with the s ubstance of the former Probate Code. The effective date of this Title is March 16, 1982. COL3/1/201915 GCA ESTATES AND PROBATE CH. 1 WHO MAY MAKE AND TAKE BY A WILL 2 DIVISION 1 WILLS CHAPTER 1 WHO MAY MAKE AND TAKE BY A WILL § 101. Disposition of Separate Property and Body by Will. § 103. Disposition of Community Property by Will. § 105. Denial of Probate and Voiding of Revocation Due to Duress, Menace, Fraud or Undue Influence. § 107. Validity of Conjoint or Mutual Will; Revocat ion of same. § 109. Validity of Conditional Will. § 111. Codicil as Republication of Will. § 113. Validity of Foreign Wills; Special Provision s for Wills Made in the Trust Territory of the Pacific Islands. § 115. Persons and Entities to Whom Disposition May be Made by Will. § 117. Time of Making and Vesting of Testamentary D ispositions. § 119.

Wills Made in the Trust Territory of the Pacific Islands. § 115. Persons and Entities to Whom Disposition May be Made by Will. § 117. Time of Making and Vesting of Testamentary D ispositions. § 119. Plural Devisees or Legatees Take as Owners i n Common. § 121. No Person Convicted of Testator's Murder or Manslaughter to be Devisee or Legatee; Exception. § 101. Disposition of Separate Property and Body by Will. (a) Every adult person of sound mind may dispose of his separate property, real and personal, by will. (b) Every adult person may by will dispose of the w hole or any part of his body to a teaching institution, university, college, State or Territorial Director of Public Health or similar of ficial, or any legally licensed hospital, or to or for the use of any nonp rofit blood bank, artery bank, eye bank, or other similar therapeutic servic e operated by any agency approved by the Director of Public Health of the territory of Guam under rules and regulations established by suc h Director, either for use as such institution, university, college, Direc tor or similar official, hospital or therapeutic service may see fit, or for use as expressly designated in such will, in all

Director, either for use as such institution, university, college, Direc tor or similar official, hospital or therapeutic service may see fit, or for use as expressly designated in such will, in all cases subject to th e provisions of the Guam Uniform Anatomical Gifts Act. SOURCE : Subsection (a): Probate Code of Guam (1970), § 20 ; Guam Law Revision Commission. Subsection (b): California Pro bate Code, § 20 (as amended); Guam Law Revision Commission. COL3/1/201915 GCA ESTATES AND PROBATE CH. 1 WHO MAY MAKE AND TAKE BY A WILL 3 COMMENT : Subsection (a) carries over into this Title the s ubstance of § 20 of the Probate Code of Guam (1970.) The prior section, how ever, began, AEvery person of sound mind, over the age of eighteen (18) years.... @ This has been altered in subsec- tion (a) to avoid questions about who is an Aadult @ for the purposes of this Section and Division, on the premise that Aadult @ is defined in 19 GCA § 1101-§ 1103. As to subsection (b), the Commission believes that one of the overriding principles behind Guam's wills statutes is to allow a testator to dispose of his property as he sees fit, within reasonable constraints imposed by society in its laws.

eves that one of the overriding principles behind Guam's wills statutes is to allow a testator to dispose of his property as he sees fit, within reasonable constraints imposed by society in its laws. Given this principle, the Commission believes that there is no reason why a testator should not be allowed to dispose of his body, or any part ther eof, if such is the testator's desire. Statutory authorization for such disposition, as pr ovided in subsection (b) of § 101, may avoid the necessity of judicial determination o f the validity of such a provision in a will. Also see 10 GCA Chapter 83 (Uniform Anat omical Gift Act). § 103. Disposition of Community Property by Will. Every adult person of sound mind may dispose of his community property by will to the extent provided in Chapter 10 of this Title. SOURCE : California Probate Code, § 21. COMMENT : Section 21 of the Probate Code of Guam (1970) rea d: AThe extent to which community property may be disposed of by will is provided in Chapter I of Division II of this Code. @Section 103, which follows the revision that was ma de to § 21 of the California Probate Code in 1933, makes it clear that community property may be disposed of

hapter I of Division II of this Code. @Section 103, which follows the revision that was ma de to § 21 of the California Probate Code in 1933, makes it clear that community property may be disposed of by will, a point which might have been arguable under the previous wording. It also sets forth exactly wh o may dispose of community property by will, a point which was left ambiguous under the previous wording. § 105. Denial of Probate and Voiding of Revocation Due to Duress, Menace, Fraud or Undue Influence. A will or part of a will procured to be made by dur ess, menace, fraud or undue influence, may be denied probate; an d a revocation procured by the same means may be declared void. SOURCE : Probate Code of Guam (1970), § 22. § 107. Validity of Conjoint or Mutual Will; Revocat ion of Same. A conjoint or mutual will is valid, but it may be r evoked by any of the testators in like manner as any other will. SOURCE : Probate Code of Guam (1970), § 23. § 109. Validity of Conditional Will. A will, the validity of which is made conditional b y its own terms, shall be granted or denied probate, or denied effec t after probate, in conformity with the condition.

lidity of Conditional Will. A will, the validity of which is made conditional b y its own terms, shall be granted or denied probate, or denied effec t after probate, in conformity with the condition. COL3/1/201915 GCA ESTATES AND PROBATE CH. 1 WHO MAY MAKE AND TAKE BY A WILL 4 SOURCE : Probate Code of Guam (1970), § 24. § 111. Codicil as Republication of Will. The execution of a codicil referring to a previous will has the effect to republish the will as modified by the codicil. SOURCE : Probate Code of Guam (1970), § 25. § 113. Validity of Foreign Wills; Special Provision s for Wills Made in the Trust Territory of the Pacific Islands. (a) No will made out of Guam is valid as a will in Guam unless: (1) Executed according to the provisions of this Ti tle; or (2) Executed according to the law of the State or U nited States territory in which it was executed; or (3) Valid under the laws of the State or United Sta tes territory in which the testator was domiciled at death; or (4) Valid under the laws of the State or United Sta tes territory in which the testator was domiciled at the time of the execution of the will.

ritory in which the testator was domiciled at death; or (4) Valid under the laws of the State or United Sta tes territory in which the testator was domiciled at the time of the execution of the will. (b) Notwithstanding the provisions of subsection (a ) of this Section, no will made in the Trust Territory of the Pacific Islands is valid as a will in Guam unless: (1) Executed according to the provisions of this Ti tle; or (2) Executed according to the written law of the Tr ust Territory of the Pacific Islands. SOURCE : Subsection (a): California Probate Code, § 26 (as amended). Subsection (b): Guam Law Revision Commission. COMMENT : Section 113 considerably liberalizes the provisio ns of the equivalent provision in the Probate Code of Guam (1970), in th at subsection (a) makes valid as a will in Guam virtually any will made in a Stat e or other United States territory which would be valid under the laws of the State or territory in which it was made. Given modern mobility and transient population patt erns, and given that one purpose of the law of wills in Guam is to effectuat e the testator's intent to the greatest extent practicable, there seems to be no r eason why foreign

sient population patt erns, and given that one purpose of the law of wills in Guam is to effectuat e the testator's intent to the greatest extent practicable, there seems to be no r eason why foreign wills, if valid in another American jurisdiction, should not be val id in Guam as well. Moreover, the determination of other American jurisdictions' law in order to determine whether a foreign will is valid thereunder, which m ight have been a problem at the time of the adoption of the original Probate Code o f Guam, should no longer pose a great difficulty to the courts of Guam, given the w idespread use of instantaneous electronic communications, jet transportation, etc. The same does not hold true, COL3/1/201915 GCA ESTATES AND PROBATE CH. 1 WHO MAY MAKE AND TAKE BY A WILL 5 however, for countries other than the United States . This being the case, the Commission has purposely excluded from § 113 wills made in foreign countries. The Trust Territory of the Pacific Islands (T.T.P.I .), which is covered in subsection (b), constitutes something of a special situation. The Commission notes that Guam has a substantial population originally f rom the T.T.P.I., and that the written law of

hich is covered in subsection (b), constitutes something of a special situation. The Commission notes that Guam has a substantial population originally f rom the T.T.P.I., and that the written law of the T.T.P.I. -. unlike the law of ot her foreign countries -. is not difficult to determine from Guam. At the same time, the Commission felt it unwise to validate as Guam wills any wills made in the T.T .P.I., because certain districts of the T.T.P.I. may have customary law concerning will s (e.g., permitting oral wills under some circumstances,) and such customary law i s often extraordinarily difficult to prove. The Commission has thus provide d subsection (b) as a middle ground: wills made in the T.T.P.I. under written T. T.P.I. law, and those made according to the provisions of this Title, are vali d as wills in Guam, but no others. As of October 1, 1994, the Trust Territory of the P acific Islands ceased to exist. The Republic of Palau was that last TTPI ent ity to gain its new status of Free Association with the United States. Such status mea ns that the entire TTPI is now recognized as independent in domestic affairs, and in most international affairs, as well. § 115.

new status of Free Association with the United States. Such status mea ns that the entire TTPI is now recognized as independent in domestic affairs, and in most international affairs, as well. § 115. Persons and Entities to Whom Disposition May be Made by Will. A testamentary disposition may be made to the Unite d States, to any instrumentality of the United States, to any of the States or organized territories of the United States, to counties of an y of the States or of organized territories of the United States, to muni cipal corporations of any of the States or of organized territories of th e United States, to the Government of Guam, to natural persons capable by l aw of taking the property, to unincorporated societies or associatio ns or lodges or branches thereof, or to corporations. SOURCE : Probate Code of Guam (1970), § 27; California Pro bate Code, § 27 (as amended.) COMMENT : Section 27 of the Probate Code of Guam (1970) was considerably more restrictive than § 115. It included no provisi ons for testamentary disposition to the United States or any State, county or munici pal corporation thereof; nor did it provide for testamentary disposition to any organiz ed

It included no provisi ons for testamentary disposition to the United States or any State, county or munici pal corporation thereof; nor did it provide for testamentary disposition to any organiz ed territory of the United States other than the Government of Guam. Moreover, it sev erely limited testamentary dispositions. The Commission feels that an importan t element of the philosophy underlying Guam's wills statutes is that of effectu ating the testator's intent to the greatest extent practicable. This being the case, t here appears to be no good reason to deny testators the privilege of disposing of the ir property to anyone -.whether to natural persons, municipal corporations or other co rporations. § 117. Time of Making and Vesting of Testamentary D ispositions. COL3/1/201915 GCA ESTATES AND PROBATE CH. 1 WHO MAY MAKE AND TAKE BY A WILL 6 A testamentary disposition is made upon the valid m aking of the will in which such testamentary disposition is incl uded, as provided in Chapter 2 of this Title. Testamentary dispositions, including devises and bequests to a person on attaining majority, are pre sumed to vest at the testator's death.

ition is incl uded, as provided in Chapter 2 of this Title. Testamentary dispositions, including devises and bequests to a person on attaining majority, are pre sumed to vest at the testator's death. SOURCE : First sentence: Guam Law Revision Commission. Sec ond sentence: Probate Code of Guam (1970), § 28. COMMENT : Section 28 of the Probate Code of Guam (1970) con sisted only of the second sentence of § 117. The Commission has ad ded the first sentence to dispel possible confusion over the definition of Atestamentary disposition. ‘Such confusion might, for example, have arisen in the co ntext of § 407, infra: If the time of making a testamentary disposition were not defin ed, as it is in the first sentence of § 117, then it might be argued that for purposes of § 407, no testamentary disposition would be Amade’ until it vested -. i.e., upon the testator's death, as set forth in the second sentence of § 117. Under this i nterpretation § 407 would be rendered meaningless, because if it be assumed that a testamentary disposition is Amade’ only when it vests then it would of course be impossible for the testator subsequently to execute an instrument which would a lter his interest in

be assumed that a testamentary disposition is Amade’ only when it vests then it would of course be impossible for the testator subsequently to execute an instrument which would a lter his interest in the property which was the subject of the testamentary dispositi on. § 119. Plural Devisees or Legatees Take as Owners i n Common. A devise or legacy given to more than one person ve sts in them as owners in common, unless the will otherwise provide s. SOURCE : Probate Code of Guam (1970), § 29. § 121. No Person Convicted of Testator’s Murder or Manslaughter to be Devisee or Legatee; Exception. No person convicted of the murder or voluntary mans laughter of a decedent shall be entitled to take under any will o f the decedent which was executed prior to the infliction of the injury which was the cause of the decedent's death; but the portion of the decede nt's estate to which he would otherwise be entitled under the decedent's wi ll goes to the other persons entitled thereto under such will or under t he applicable provisions of Chapters 9, 10 and 11 of this Title: Provided, that a person convicted of the murder or voluntary manslaughter o f a decedent may be entitled to take under a

ll or under t he applicable provisions of Chapters 9, 10 and 11 of this Title: Provided, that a person convicted of the murder or voluntary manslaughter o f a decedent may be entitled to take under a will of the decedent which was executed after the infliction of the injury which was the cause of the decedent's death, if the Superior Court of Guam specifically finds that such was the decedent's intention. SOURCE : All before colon: Probate Code of Guam (1970), § 258; Guam Law Revision Commission. All after colon: Guam Law Revi sion Commission. COL3/1/201915 GCA ESTATES AND PROBATE CH. 1 WHO MAY MAKE AND TAKE BY A WILL 7 COMMENT : Although the Probate Code of Guam (1970) containe d a provision similar to the above in the intestacy context (see § 819, infra,) it did not contain a provision regarding testators' killers' inability t o take under such testators' wills. The Commission is of the opinion that such a provis ion is necessary in Chapter 1 of this Title, in order that the two situations be par allel. The Commission recognizes, however, that there may be decedents who desire tha t their killers take under their wills in spite of the infliction of an injury that ultimately

situations be par allel. The Commission recognizes, however, that there may be decedents who desire tha t their killers take under their wills in spite of the infliction of an injury that ultimately leads to death; thus, the Commission has added the portion following the colo n, to cover that situation. ---------- COL3/1/2019