Chapter 14

COL12010615GCA ESTATES AND PROBATE CH.14JURISDICTION 1DIVISION 3 ADMINISTRA TION OF DECEDENTS =ESTATES CHAPTER 14 JURISDICTION § 1401. Title and Possession of Property Upon Decedent's Death. § 1403. Probate Jurisdiction in Superior Court of Guam. § 1405. Conclusiveness of Orders Granting Letters; Exceptions . § 1407. Disqualification of Interested Judge; Procedure for Transfer of Proceedings to Other Judge. § 1401. Title and Possession of Property Upon Decedent's Death. (a) Upon a person's death, the title to such person's property , real and personal, passe s immedi ately to the person or persons to whom it is devised or bequeathed by such person's last will, or, in the absence of such disposition, to the person or persons who succeed to such person's estate as provided in Division 2 of this Title. (b) Not withstanding the provisions of sub section (a) of this Section, and except as other wise provided by law , all of such person's property shall be subject to the possession of such person's personal representative and to the control of the Superior Court of Guam for the purpose of adminis tration, sale or other disposi tion under the provisions of Division 3 of this Title, and

person's personal representative and to the control of the Superior Court of Guam for the purpose of adminis tration, sale or other disposi tion under the provisions of Division 3 of this Title, and shall be chargeable with the expenses of administering such person's estate, and the payment of such person's debts and the allow anceto such person's family . SOURCE: Probate Code of Guam (1970), § 300. § 1403. Probate Jurisdiction in Superior Court of Guam . Wills must be proved, and letters testamentary , letters of administration with the will annexed, letters of administra tion or sp ecial letters of administration granted, and administra tion of estates of decedents had, in the Superior Court of Guam. SOURCE: Probate Code of Guam (1970), § 301. § 1405. Conclusiveness of Orders Granting Letters; Exceptions. In the absence of fraud in its procurement, an order of the Superior Court of Guam granting letters testamentary , letters of administration with the will an nexed, or letters of administration, when such order COL12010615GCA ESTATES AND PROBATE CH.14JURISDICTION 2becomes final, is a conclusive determination of the jurisdic tion of the Superior Court of Guam (except when based

dministration, when such order COL12010615GCA ESTATES AND PROBATE CH.14JURISDICTION 2becomes final, is a conclusive determination of the jurisdic tion of the Superior Court of Guam (except when based upon the erroneous assump - tion of death), and cannot be collaterally attacked. SOURCE: Probate Code of Guam (1970), § 302. § 1407. Disqualification of Interested Judge; Procedure for T ransfer of Proceedings to Oth er Judge. (a) No will shall be admitted to pro bate, or letters testamentary , letters of adminis tration with the will annexed or letters of administra tion granted, or other proceeding had (except the ordering of a transfer as provided in subsec tion (b) of this Section), before any judge who is interested as an heir of the dece dent, or as a legatee or devisee under such will, or when such judge is named as executor or trustee in such will, or is in any other manner interested or disqualified from acting. A judge who was a witness to a will is disqualified from acting in any proceeding prior to and including the admission of such will to probate or in any proceeding involving its validity or interpreta tion.

who was a witness to a will is disqualified from acting in any proceeding prior to and including the admission of such will to probate or in any proceeding involving its validity or interpreta tion. (b) When a petition is filed praying for the ad mission of a will to probate or for the grant ing of letters of adminis tration with the will annexed or of letters of administration, or when proceed ings are pending with respect to an estate, and the judge of the Superior Court of Guam befor e whom such petition or proceed ings are pending is not qualified to act under the provisions of subsection (a) of this Section, such judge shall bring the fact of his disqualifi cation to the attention of the Presiding Judge of the Superior Court of Guam, who shall m akean or der assign ing another judge of the Superior Court of Guam to act in the matter; provided, that if the judge so disqualified is the Presiding Judge of the Superior Court of Guam, he shall bring the fact of his disqualification to the attention of the Judicial Council, which shall make an order assigning another judge of the Superior Court of Guam to act in the matter .

Guam, he shall bring the fact of his disqualification to the attention of the Judicial Council, which shall make an order assigning another judge of the Superior Court of Guam to act in the matter . SOURCE: Probate Code of Guam (1970), § 303; Guam Law Revision Commission. COMMENT : Section 1407 has been divided into subsec tionsand slightly rewritten, principally for the sake of complete clarity . Two minor substantive changes have also been made: (1) In subsection (a), the words A...or is a witness thereto@have been delet ed, and the second sentence added in their place. This w ill allow a judge who witnessed a will to hear some, but not all, aspects of the probate of that will --briefly , such judge can sit concerning anything in which he was not involved by having been a witness. (2) Under § 303 of the Probate Code of Guam (1970), a disquali fied judge always brought the matter of his disqualifi cation to the COL12010615GCA ESTATES AND PROBATE CH.14JURISDICTION 3Judicial Council, which would then assign another judge to hear the case; subsection (b) has been revised to provide a more streamlined procedure when the disqualified jud ge is not the Presiding Judge of the Superior

which would then assign another judge to hear the case; subsection (b) has been revised to provide a more streamlined procedure when the disqualified jud ge is not the Presiding Judge of the Superior Court of Guam. ----------