Chapter 18

COL12010615GCA ESTATES AND PROBATE Ch. 1 8 APPOINTMENT OF ADMINISTRAT ORS 1CHAPTER 18 APPOINTMENT OF ADMINISTRA TORS § 1801. Administrators Must Have Same Qualifications as Executors. § 1803. Surviving Partner Not to be Administrator if any Interested Person Objects to Appointment. § 1805. Priority of Persons Entitled to Letters of Administration. § 1807. Letters of Administration May be Granted to Nominee of One Entitled; Priority of Nominees; Procedure for Nomination. § 1809. Discr etion of Court to Grant Letters of Administration to Guardian of Minor or Incompetent, or to Othe r Person. § 1811. Essential Contents of Petition for Letters of Administration; Incorrect Statement of Jurisdictional Facts No Bar to Jurisdiction. § 1813. Notice of Hearing on Petition for Letters of Administration. § 1815. Service of Notice of Petition f or Letters of Administration Upon Heirs; Manner of Service; Service by Mail. § 1817. Facts to be Proved at Hearing on Petition for Letters of Administration; Compelling Witnesses' Attendance; Contest of Petition; Grounds; Counter -petition; Notice; Combined Hearings. § 1819. Provisions of Sections 1709 through 1715 Applicable to Administrators. § 1821.

n; Compelling Witnesses' Attendance; Contest of Petition; Grounds; Counter -petition; Notice; Combined Hearings. § 1819. Provisions of Sections 1709 through 1715 Applicable to Administrators. § 1821. Provisions of This Chapter Do Not Provide Exclusive Manner of Appointment of Administrator . § 1801. Administrators Must Have Same Quali fications as Executor s. (a) No person is competent to serve as an administra tor who has not the qualifications required of an executor pursuant to the provisions of Section 1701 of this Title. (b) The letters of any natural person ap pointed to serve as an administrator m ay, in the discretion of the Superior Court of Guam, be revoked if during the course of the administra tion such administrator (1) ceases to be a resident of the territo ry of Guam, (2) ceases to be physically present in the territory of Guam, orCOL12010615GCA ESTATES AND PROBATE Ch. 1 8 APPOINTMENT OF ADMINISTRAT ORS 2(3) is ad judged by the Superior Court of Guam incompetent to execute the duties of the trust by reason of drunkenness, improvi - dence, or want of understanding or integrity .

NT OF ADMINISTRAT ORS 2(3) is ad judged by the Superior Court of Guam incompetent to execute the duties of the trust by reason of drunkenness, improvi - dence, or want of understanding or integrity . SOURCE: Subsection (a): Probate Code of Guam (1970), § 420; Guam Law Revision Com mission. S ubsection (b): Guam Law Revision Commission. COMMENT : The Commission has added sub section (b), which is substantially the same as § 1701(d) and is intended to indicate that administrators --like execu tors and admin istrators with the will annexed --must remain residents of Guam, physically present in Guam, and otherwise compe tent to execute the duties of the trust, during the course of the administration as well as at the time of appointment. § 1803. Surviving Partner Not to be Adminis trator If Any Interested Person Objects to Appointment. The surviving partner of a decedent must not be appointed administrator of the estate if any person interested in the estate objects to such surviving partner's appointment. SOURCE: Probate Code of Guam (1970), § 421. § 1805. Priority of Persons Entitled to Letters of Administration.

if any person interested in the estate objects to such surviving partner's appointment. SOURCE: Probate Code of Guam (1970), § 421. § 1805. Priority of Persons Entitled to Letters of Administration. (a) Letters of administra tion of the estate of a person dying intestate must be granted to one or more of the following persons, if competent under the provisions of Section 1801 of this Title, who are entitled to letters of administration, upon proper petition therefor, in the following order: (1) The surviving spouse, or some person compe tent under the provisions of Section 1801 of this Title whom the surviving spous e may request to have appointed. (2) The children, or any of them. (3) The grandchildren, or any of them. (4) The parents, or either of them. (5) The brothers or sisters, or any of them. (6) The next of kin entitled to share in the estate, or any of them. (7) The relatives of a previously deceased spouse, or any of them, when such relatives are entitled to succeed to some portion of the estate. (8) The cr editors, or any of them. COL12010615GCA ESTATES AND PROBATE Ch. 1 8 APPOINTMENT OF ADMINISTRAT ORS 3(9) Any person, other than those provid ed her einabove, who is

e portion of the estate. (8) The cr editors, or any of them. COL12010615GCA ESTATES AND PROBATE Ch. 1 8 APPOINTMENT OF ADMINISTRAT ORS 3(9) Any person, other than those provid ed her einabove, who is competent under the p rovisions of Section 1801 of this Title, including, but not limited to, the Territorial Ombudsman (Suruhanu) or an attorney at law who indicates his willingness for such ap point - ment. The Superior Court of Guam may establish and maintain a list or roster of attorneys at law who indicate their willingness to accept such appointments under the provi sions of this subsection, and may grant letters of administration to an attorney at law whose name appears on such list or roster . (b) A relative of the deced ent who is enti tled to priority under the provisions of subsec tion (a) of this Section is entitled to priority only if either of the following facts exist: (1) Such relative is entitled to succeed to all or part of the estate; or (2) The relative is a child, grandchild, parent or grandparent of the decedent and either takes under the will of, or is entitled to succeed to all or part of the estate of, another deceased person who is entitled to succeed to all

ndchild, parent or grandparent of the decedent and either takes under the will of, or is entitled to succeed to all or part of the estate of, another deceased person who is entitled to succeed to all or part of the estate of the decedent. (c) Of several persons petitioning for and equally entitled to a grant of letters of adminis tration, relatives of the whole blood shall b e preferred to those of the half blood. (d) When there are several persons petition ing for and equally entitled to a grant of letters of administration, the Superior Court of Guam may , in its discretion, grant letters to one or more of them. (e) When a creditor petitions for letters of administra tion, and no qualified person from a class prior in rank to that of the creditor (as provided in subsection (a) of this Section) so petitions, the Superior Court of Guam, at the request of another creditor, may in its discretion grant letters of administration to a qualified person from a class subsequent in rank to that of t he creditor . (f) Letters of administration must be granted to any applicant competent under the provisions of Section 1801 of this Title, when persons having priority fail to petition for

that of t he creditor . (f) Letters of administration must be granted to any applicant competent under the provisions of Section 1801 of this Title, when persons having priority fail to petition for letters of administration for themselves. SOURCE: Subsection (a) : Probate Code of Guam (1970), § 422; Guam Law Revision Com mission. Sub section (b): California Probate Code, § 422 (as amend - ed). Subsec tion (c): Probate Code of Guam (1970), § 424. Subsec tion (d): Probate COL12010615GCA ESTATES AND PROBATE Ch. 1 8 APPOINTMENT OF ADMINISTRAT ORS 4Code of Guam (1970), § 425. Subsec tion (e): P robate Code of Guam (1970), § 425; Guam Law Revision Commission. Subsection (f): Probate Code of Guam (1970), § 427. COMMENT : Section 1805 brings together all the provisions which were contained in the Probate Code of Guam (1970) concerning the granting of letters of administration and the priority of applicants for such letters. No substantive changes have been made in sub sections (c) through (f). As to subsections (a) and (b), two changes have been made to § 422 of the Probate Code of Guam (1970): (1) the addition of the language commencing with A...including, but not limited to...

rough (f). As to subsections (a) and (b), two changes have been made to § 422 of the Probate Code of Guam (1970): (1) the addition of the language commencing with A...including, but not limited to... @in subsection (a)(9); and (2) the addition of subsection (b)(2). The addition to subsec - tion (a)(9) has been made to set guidelines for the Superior Court as to who may be appointed administrator where no person having priority petitions for letters. It is not, however, the Commis sion's intention that § 1805(a)(9) give the Superior Court the power to appoint an administrator sua sponte where no person has filed a petition for letters. As to the alteration to subsection (b)(2), note that § 422 of the Probate Code of Guam (1970) contained only language like that in § 1805(b)(1); the addition of subsection (b) (2) has the effect of broadening the class of relatives who are entitle d to letters of admin istration on a decedent's estate. Whereas under prior § 422 only relatives who were A...entitled to succeed to the estate or some portion thereof @were entitled to priority , the class of relatives so entitled under subsec tion (b)(2) now also includes relatives who are entitled to

A...entitled to succeed to the estate or some portion thereof @were entitled to priority , the class of relatives so entitled under subsec tion (b)(2) now also includes relatives who are entitled to take some portion of the decedent's estate through another decedent who was himself entitled to succeed to some portion of the decedent's estate. § 1807. Letters of Administration May Be Granted to Nominee o f One Entitled; Priority of Nominees; Proce dure for Nomination. Letters of administration may be granted to one or more competent persons, although not otherwise entitled to the same, at the written request of the person entitled or of a child, grandchild , parent, brother or sister of the decedent who would be entitled but for his nonresi dence in Guam, filed in the Superior Court of Guam. If the person making the request referred to herein above is a child, grandchild, parent, brother or sister of the dec edent, the nominee shall have priority next after those in the class of the person making the request; other wise the Superior Court of Guam, in its discretion, may grant letters of administration either to such nominee or to a person of a class subsequent in rank to that of

person making the request; other wise the Superior Court of Guam, in its discretion, may grant letters of administration either to such nominee or to a person of a class subsequent in rank to that of the person ma king the r equest, but other persons of the class of the person making the request shall have priority over such nominee. SOURCE: California Probate Code, § 423 (as amended). COMMENT : The only substantive alteration to § 4 23 of the Probate Code of Guam (1970) is the addition of the lan guage A...or of a child, grandchild, parent, brother or sister of the decedent who would be entitled but for his nonresi dence in Guam....@As nonresi dents are not entitled to letters of adm inistra tion (see §§ 1801, 1701), the addition of this language is neces saryto ensure that nonresi dent relatives COL12010615GCA ESTATES AND PROBATE Ch. 1 8 APPOINTMENT OF ADMINISTRAT ORS 5have the same power to nomi nate a person to administer the estate as do resident relatives. § 1809. Discretion of Court to Grant Letters o f Admin istration to Guardian of Minor or Incom petent, or to Other Person. If a person other wise entitled to a grant of letters of administration is a minor or an

retion of Court to Grant Letters o f Admin istration to Guardian of Minor or Incom petent, or to Other Person. If a person other wise entitled to a grant of letters of administration is a minor or an incompetent person, letters of administration may b e granted to his guardian, or to any oth erperson entitled to a grant of letters of adminis tration, in the discretion of the Superior Court of Guam. SOURCE: Probate Code of Guam (1970), § 426. COMMENT : The amended version of § 426 of the California Probate Code adds provisions concerning conse rvatees and conser vators. Guam currently has no conservatorship provi sions in its law , and thus no such provisions are necessary in § 1809. If conservatorship provisions are added to Guam law , however, then § 1809 should be amended to include provisions similar to the above -mentioned California provisions. § 181 1. Essential Contents of Petition for Letters of Administration; Incorrect Statement of Jurisdictional Facts No Bar to Jurisdiction. (a) A petition for letters of admin istration must be in writing , signed by the petitioner or the petitioner's counsel, and filed with the Clerk of the Superi or Court of Guam, and must state: (1)

. (a) A petition for letters of admin istration must be in writing , signed by the petitioner or the petitioner's counsel, and filed with the Clerk of the Superi or Court of Guam, and must state: (1) The jurisdictional facts; (2) The names, ages and mailing address es of the heirs of the decedent, so far as known to the petitioner; and (3) The character and estimated value of the property of the estate. (b) Wher e the necessary jurisdictional facts actually exist but, through defect of form or error, they or any of them are incorrectly stated in any petition or pleading , the Superior Court of Guam has and retains jurisdiction to correct the defect or error at any time. No such defect or error shall make an order granting letters of administration, or any subsequent proceeding, void. SOURCE: California Probate Code, § 44 0 (as amended). NOTE :See Official Form No. 2, Appendix AA@. § 1813. Notice of Hearing on Petition for Letters of Administration. When a petition for letters of administra tion is filed, the Clerk of the Superior Court of Guam shall set the same for heari ng by the Superior COL12010615GCA ESTATES AND PROBATE Ch.

Administration. When a petition for letters of administra tion is filed, the Clerk of the Superior Court of Guam shall set the same for heari ng by the Superior COL12010615GCA ESTATES AND PROBATE Ch. 1 8 APPOINTMENT OF ADMINISTRAT ORS 6Court of Guam upon some day not fewer than twenty (20) and not more than thirty (30) calendar days after the date of filing, and notice thereof shall be given in the manner provided in Section 3401 of this Title. SOURCE: Guam Law Revisio n Commission. COMMENT : Section 441 of the Probate Code of Guam (1970), which covered procedure before hearing of a petition for letters of adminis tration, was considerably different from § 327 of the Probate Code of Guam (1970), which covered pre -hearing procedure in the case of peti tions for the probate of wills. The Commis sion can see no reason why pre -hearing procedure should be different as between the two different kinds of petitions, as both procedures are initiated in the same manner (i.e., by th e filing of a peti tion), both require a hearing, and in both cases the purpose and format of the hearing are ap proxi mately the same.

s both procedures are initiated in the same manner (i.e., by th e filing of a peti tion), both require a hearing, and in both cases the purpose and format of the hearing are ap proxi mately the same. The Commission has therefore extensive lyrevised § 1813, in order to make it congruent with § 1515, supra (§ 1515 being the revised provision con cerning pre -hearing procedures in the case of a petition for the probate of a will.) Also see Comment to § 1515, supra. OFFICIAL FORM :See Official Form No. 3, Appendix AA@. § 1815. Service of Notice of Petition for Letters of Administratio n Upon Heirs; Manner of Service; Service by Mail. At least ten (10) calendar days before the hearing on a petition for letters of administration, a copy of the notice of such hearing shall be served upon each heir of the decedent named in the petition, as follows: (a) Personally, such personal service to be effected by the Office of the Marshal of the Superior Court of Guam; or (b) By r egister ed mail, sent by the petition er, postage prepaid, addressed to such heir's mailing address as set for th in the petition; or if any heir's mailing address is not known to the petitioner, addressed to general

sent by the petition er, postage prepaid, addressed to such heir's mailing address as set for th in the petition; or if any heir's mailing address is not known to the petitioner, addressed to general delivery at the post office serving such heir's municipality (if such heir resides in Guam) or to general deliv ery at the post office serving such he ir's last known place of residence (if such heir resides outside Guam). As used in this Section, Apost office @includes subpost office, substation, or other like facility regularly maintained by the United States Postal Service, or under the authority o f any for eign government. SOURCE: Probate Code of Guam (1970), § 328; Califor nia Probate Code, § 328 (as amended); Guam Law Revision Com mission. COMMENT : As with § 1813, there appears to be no reason why the provisions for service of notice in the case of a petition for letters of administration should be treated differently from those in the case of a petition for the probate of a will. COL12010615GCA ESTATES AND PROBATE Ch. 1 8 APPOINTMENT OF ADMINISTRAT ORS 7Therefore, the Commission has revised § 1815 to bring it into conformity with § 1519, supra.

tion for the probate of a will. COL12010615GCA ESTATES AND PROBATE Ch. 1 8 APPOINTMENT OF ADMINISTRAT ORS 7Therefore, the Commission has revised § 1815 to bring it into conformity with § 1519, supra. Also see § 717 of Title 1 for further provisions concerning what consti tutes Aregis tered mail. @ OFFICIAL FORM: See Official Form No. 3, Appendix AA@. § 1817. Facts to be Proved at Hearing on Petition for Letters of Administration; Compelling Witnesses' Atten dance; Contest of Petition; Grounds Counterpetition; Notice; Combined Hearings. (a) Before letters of adminis tration are granted in the first instance, the fact of death and that the decedent died intestate, and that due notice of the hearing has been given pursuant to the provisions of Sections 1815 and 3401 of this Title, must be proved by the evi dence of the petitioner or others; and the Supe rior Court of Guam may also examine any other person concerning the time, place and manner of death, the place of decedent's resi dence at the time of death, the character and value of the decedent's property , and whether or not the decedent left any will; and the Superior Court of Guam may compel any person to attend as a witness

e at the time of death, the character and value of the decedent's property , and whether or not the decedent left any will; and the Superior Court of Guam may compel any person to attend as a witness for those purposes. (b) Any person interested in the estate may , at any time prior to the hearing provided in Section 1813 of this Title, oppose a petition for the grant of letters of adminis tration by filing in the Superior Court of Guam written grounds of opposition thereto, challenging the competency of the petitioner or the petitioner's right to letters of administration, or such person ma y assert his own right to letters of administration. In the latter case, he must file a petition and the notice required for an original petition (as provided in Sectio ns 1815 and 3401 of this Title) must be given, and the Superior Court of Guam must hear the two petitions together . SOURCE: Subsection (a): Probate Code of Guam (1970), § 443. Subsection (b): California Probate Code, § 442 (as amended); Guam Law Revision Commission. COMMENT : Section 1817 brings together provisions concerning what must be proved at the hearing on a petition for letters of admin istration in the first in stance

ded); Guam Law Revision Commission. COMMENT : Section 1817 brings together provisions concerning what must be proved at the hearing on a petition for letters of admin istration in the first in stance - -i.e., where no adminis trator has yet been appointed --(subsection (a),) and provisions concerning contests of such petitions when such contests are filed in cases wherein no administrator has yet been ap pointed (subsec tion (b).) No change has been made to § 443 of the Probate Code of Guam (1970), which consti tutes subsection ( a). As to subsection (b) --which is based on California, and not Guam, law --the only change from prior Guam law is that the grounds for a contest have been altered somewhat to conform with the California law as it was amended in 1941. OFFICIAL FORM :See Official Forms Nos. 2 and 3, Appen dix [email protected] ESTATES AND PROBATE Ch. 1 8 APPOINTMENT OF ADMINISTRAT ORS 8§ 1819. Provisions of Sections 1709 through 1715 Applicable to Administrators. The provi sions of Sections 1709, 1711, 1713 and 1715 of this Title shall apply to administrators with the same force and effect as those provisions apply to executors. SOURCE: Guam Law Revision Commission.

vi sions of Sections 1709, 1711, 1713 and 1715 of this Title shall apply to administrators with the same force and effect as those provisions apply to executors. SOURCE: Guam Law Revision Commission. COMMENT : Itis the Commission's intention that the same proce dural requirements which apply to execu tors also apply to adminis trators with the will annexed (see § 1725(d), su pra) and to administra tors. Section 1819 effectuates that inten tion. § 1821. Provisions of This Chapter Do Not Provide Exclusive Manner of Appointment of Administrator . Notwithstanding any provision of this Chapter, the Superi or Court of Guam ma y also g rant letters of administration pursuant to the applicable provisions of Chapter 21 of this Title. SOURCE: Guam Law Revision Commission. COMMENT : The Commission has added § 1821 to make it clear that a new administrator may be appoint ed if the original pe rsonal repre sentative dies, resigns or becomes incompe tent during the course of the administration and his letters are revoked, all as provided for in Chapter 21, infra. ----------