Chapter 22

15 GCA ESTATES AND PROBATE CH. 22 POWERS AND DUTIES OF EXECUTORS , ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS 1 CHAPTER 22 POWERS AND DUTIES OF EXECUTORS , ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS § 2201. Definition. § 2203. Authority of Remaining Personal Representat ives Where One or More Absent or Disqualified; Court Order; Majori ty Rule. § 2205. Acquisition of Decedent's Estate; Custody o f Property; Limitations on Possession of Property; Interests in Actions By and Against Heirs and Devisees of Real Property; De livery of Real Property to Heirs and Devisees. § 2207. Decedent's Partnership Property; Continuing Decedent's Business; Partnerships; Operation. § 2209. Actions By or Against Personal Representati ve; Recovery of Damages; Death of Plaintiff Before Judgment; Simult aneous Death. § 2211. Specific Actions Authorized: For Partition; On Bond of Former Personal Representative; To Recover Fraudulently Co nveyed Property; Procedure and Distribution of Latter. § 2213. Parties to Actions; Personal Representative s Who Have Not Qualified. § 2215. Obligations Due Decedent; Discharge and Com promise; Renewal and Modification; Wrongful Death or Persona

Latter. § 2213. Parties to Actions; Personal Representative s Who Have Not Qualified. § 2215. Obligations Due Decedent; Discharge and Com promise; Renewal and Modification; Wrongful Death or Persona l Injury of Decedent; Compromise and Settlement of Claims; Procedure. § 2217. Deposit of Estate Funds In Bank or Savings and Loan Association. § 2219. Investment of Estate Funds: Pending Settlem ent of Estate; Pending or at Time of Settlement of Estate; Procedu re. § 2221. Personal Representative May Seek Guidance From Court on Investment, etc., of Estate Funds; Petition; Procedure. § 2223. Dedication for Streets or Highways, Easemen ts, Access Rights; Petition; Notice; Order. § 2225. Personal Representative Not to Purchase Cla ims Against Estate; All Sales of Estate Property to Personal Re presentative Subject to Confirmation; Credit in Accounts for Cla ims Paid for Less Than Full Amount. § 2227. Proxies to Vote Corporate Shares; Waiver of Notice and COL37201415 GCA ESTATES AND PROBATE CH. 22 POWERS AND DUTIES OF EXECUTORS , ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS 2 Consent to Shareholders' Meetings, etc. § 2228. Electronically Stored Documents of Deceased . § 2229.

CH. 22 POWERS AND DUTIES OF EXECUTORS , ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS 2 Consent to Shareholders' Meetings, etc. § 2228. Electronically Stored Documents of Deceased . § 2229. Digital Accounts, Inter-alia. § 2201. Definition. The term personal representative, as used in this C hapter, shall mean the executor, the administrator with the will annex ed, or the administrator of a decedent's estate, as the case may be. SOURCE: Guam Law Revision Commission. COMMENT: The provisions of Chapter 22 apply equally to execu tors, administrators with the will annexed, and administr ators. This being the case, using the term personal representative in the context of Chapter 22 saves verbiage without sacrificing meaning. Note, however, that th e provisions of Chapter 22 do not apply to special administrators. § 2203. Authority of Remaining Personal Representat ives Where One or More Absent or Disqualified; Court Order; Ma jority Rule. When two or more personal representatives have been appointed and one or more of them are absent from the territo ry of Guam, or legally disqualified from serving, the act of the other or others shall be effectual for all purposes.

entatives have been appointed and one or more of them are absent from the territo ry of Guam, or legally disqualified from serving, the act of the other or others shall be effectual for all purposes. If it appears upon any hearing th at one or more of the personal representatives were absent from the terri tory of Guam or legally disqualified from serving, the Superior Cou rt of Guam may so find in its order or judgment and such finding shal l be conclusive of the authority of those acting. When there are more than two personal representatives, the act of a majority of them is v alid. SOURCE: Probate Code of Guam (1970), § 570. § 2205. Acquisition of Decedent's Estate; Custody o f Property; Limitations on Possession of Property; Interests in Actions by and Against Heirs and Devisees of Real Property; Delive ry of Real Property to Heirs and Devisees. (a) Except as otherwise provided in Section 2207 of this Title, the personal representative shall take into his possess ion all the estate of the decedent, real and personal, and collect all debts due to the decedent or to the estate; and the personal representative is e ntitled to the possession of all the real and personal property

te of the decedent, real and personal, and collect all debts due to the decedent or to the estate; and the personal representative is e ntitled to the possession of all the real and personal property of the decede nt, and to receive the rents, issues and profits thereof until the estate is settled or until COL37201415 GCA ESTATES AND PROBATE CH. 22 POWERS AND DUTIES OF EXECUTORS , ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS 3 delivered over by order of the Superior Court of Gu am to the heirs, devisees or legatees. (b) The personal representative must keep in good tenantable repair all houses, buildings and fixtures thereon which ar e under his control. (c) Notwithstanding the provisions of subsection (a) of this Section, after the time to file or present claims has expire d the personal representative is not entitled to recover the posse ssion of any property of the estate from any heir who has succeeded to the p roperty in such heir's possession, or from any devisee or legatee to whom the property has been devised or bequeathed, or from the assignee of any such heir, devisee or legatee, unless the personal representat ive proves that the same is necessary for the

r legatee to whom the property has been devised or bequeathed, or from the assignee of any such heir, devisee or legatee, unless the personal representat ive proves that the same is necessary for the payment of debts or legac ies, or of the expenses of administration already accrued, or for distribut ion to some other heir, devisee or legatee entitled thereto. (d) Any of the heirs or devisees may themselves, or jointly with the personal representative, institute and maintain an action for the possession of the real property, or for the purpose of quieting title to the same, against any one except the personal represent ative, but they are not required to do so. (e) When the time to file or present claims has e xpired, the personal representative must deliver possession of the real property to the heirs or devisees, unless the income therefrom for a longer period, or a sale thereof, is required for the payment of the debts o f the decedent. SOURCE: Subsection (a), first sentence: Probate Code of Gua m (1970), § 571. Subsection (a), second sentence: Probate Code of Gu am (1970), § 581. Subsection (b): Probate Code of Guam (1970), § 581.

SOURCE: Subsection (a), first sentence: Probate Code of Gua m (1970), § 571. Subsection (a), second sentence: Probate Code of Gu am (1970), § 581. Subsection (b): Probate Code of Guam (1970), § 581. Subsection (c): Probate Code of Guam (1970), § 581. Subsection (d): Probate Code of Guam (1970), § 581. Subsection (e): Probate Code of Guam (1970), § 582. COMMENT: Section 2205 brings together all provisions of prio r law concerning the personal representative's rights and duties in terms of the decedent's property, except for the decedent's partnership property (whi ch is covered in § 2207, infra.) No substantive changes have been made to the prior law. § 2207. Decedent's Partnership Property; Continuing Decedent's Business; Partnerships; Operation. (a) Unless otherwise ordered by the Superior Court of Guam pursuant to subsection (b) of this Section, when a partnership existed between the decedent and any other person at the ti me of the decedent's COL37201415 GCA ESTATES AND PROBATE CH. 22 POWERS AND DUTIES OF EXECUTORS , ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS 4 death, the surviving partner has the right to conti nue in possession of the partnership, and settle its

22 POWERS AND DUTIES OF EXECUTORS , ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS 4 death, the surviving partner has the right to conti nue in possession of the partnership, and settle its business, but the inter est of the decedent in the partnership shall be included in the inventory of t he property in the decedent's estate, and be appraised as other such p roperty. The surviving partner shall settle the affairs of the partnership without delay, and account to the personal representative, and pay ove r to the personal representative such balances as may from time to ti me be payable to the personal representative, in right of the decedent. Upon application of the personal representative, the Superior Court of Guam , whenever it appears necessary, may order the surviving partner to render an account, and in case of neglect or refusal may, after notice , compel it by attach- ment; and the personal representative may maintain against the surviving partner any action which the decedent could have ma intained. (b) After notice to all persons interested in the estate, given in such manner as may be directed by the Superior Court of Guam, the Superior Court of Guam may

ch the decedent could have ma intained. (b) After notice to all persons interested in the estate, given in such manner as may be directed by the Superior Court of Guam, the Superior Court of Guam may authorize the personal representa tive to do the following: (1) To continue the operation of the decedent's bus iness, other than a business operated by a partnership in which the decedent was a partner, to such an extent and subject to such re strictions as the Superior Court of Guam may determine to be for the best interests of the estate and those interested therein; and (2) To continue as a partner in any partnership in which the decedent was a partner at the time of death (unless inconsistent with the terms of any written partnership agreement exec uted by all of the partners prior to the decedent's death), with a ll the rights, powers, duties and obligations provided in the writ ten partnership agreement, subject, however, to the written approva l of all the surviving partners, and to such restrictions as the Superior Court of Guam may determine to be for the best interests of the estate and those interested therein; or, in the absence of suc h a written partnership agreement,

to such restrictions as the Superior Court of Guam may determine to be for the best interests of the estate and those interested therein; or, in the absence of suc h a written partnership agreement, and subject to the written c onsent of all of the surviving partners, with all the rights, powers , duties and obligations which the Superior Court of Guam may sp ecify. The personal representative may be authorized to act as a general partner only if the decedent was a general partner at the t ime of death, and as a limited partner where the decedent at the time of death was COL37201415 GCA ESTATES AND PROBATE CH. 22 POWERS AND DUTIES OF EXECUTORS , ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS 5 either a general partner or a limited partner, as Alimited partner @ is defined in 18 GCA § 27101. SOURCE: Subsection (a): California Probate Code, § 571 (as amended). Subsection (b): California Probate Code, § 572 (as amended). COMMENT: Section 2207 brings together all necessary provisio ns concerning the personal representative's continuing the decedent's business, particularly if that business was a partnership.

amended). COMMENT: Section 2207 brings together all necessary provisio ns concerning the personal representative's continuing the decedent's business, particularly if that business was a partnership. Prior Guam law did not allow the personal representative to continue a decedent's partnership business, except perhaps by implication from § 572 of the Probate Code of Guam (1970). The Commission is, however, of the opinion that some provision ought t o be made so that partnerships will not be adversely affected by the death of one of the partners. Note that the personal representative's ability to step into the decedent's shoes as a partner is quite limited, in two ways: first, it always requir es the written approval of all of the surviving partners; second, it is always under the general supervision of the Superior Court of Guam. As to the reference to § 24 77 of the Civil Code (wherein Alimited partner @ is defined,) note that this language will have to be amended upon the passage of the ABusiness Regulations @ Title of the revised Guam Codes Annotated, as that new Title will contain the defin ition now contained in Civil Code § 2477.

e will have to be amended upon the passage of the ABusiness Regulations @ Title of the revised Guam Codes Annotated, as that new Title will contain the defin ition now contained in Civil Code § 2477. NOTE: Pursuant to the authority granted by 1 GCA § 1606 , the reference to the Government Code was altered to reflect its codifica tion in the GCA. § 2209. Actions by or Against Personal Representati ve; Recovery of Damages; Death of Plaintiff Before Judgment; Simult aneous Death. (a) Except as provided in this Section, no cause of action shall be lost by reason of the death of any person but may b e maintained by or against such person's personal representative. (b) In an action brought under this Section again st a personal representative, all damages may be awarded which mi ght have been recovered against the decedent had the decedent liv ed, except damages awardable under 20 GCA § 2120 (Exemplary Damages) o r damages im- posed primarily for the sake of example and by way of punishing the defendant. (c) When a person having a cause of action dies b efore judgment, the damages recoverable by the decedent's personal representative are limited to such loss or damage as the decedent

g the defendant. (c) When a person having a cause of action dies b efore judgment, the damages recoverable by the decedent's personal representative are limited to such loss or damage as the decedent sust ained or incurred prior to death, including any penalties or punitive or ex emplary damages that the decedent would have been entitled to recover ha d the decedent lived, and shall not include damages for pain, suffering o r disfigurement. COL37201415 GCA ESTATES AND PROBATE CH. 22 POWERS AND DUTIES OF EXECUTORS , ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS 6 (d) This Section is applicable where a loss or da mage occurs simultaneously with or after the death of a person who would have been liable therefore if such person's death had not pre ceded or occurred simultaneously with the loss or damage. (e) Nothing in this Section shall be construed as making assignable things in action which are of such a nature as not to have been assignable prior to the enactment of this Section. SOURCE: California Probate Code, § 573 (as amended). COMMENT: Section 2209 represents a complete revision of § 57 3 of the Probate Code of Guam (1970) (including, by necessary implic ation, the

tion. SOURCE: California Probate Code, § 573 (as amended). COMMENT: Section 2209 represents a complete revision of § 57 3 of the Probate Code of Guam (1970) (including, by necessary implic ation, the provisions of prior § 574, which Section has been eliminated.) It sets out, in broad terms, the rules for survival of actions of all kinds (except those acti ons related specifically to the estate or its property, which are covered later in Chapter 22), and for the measure of recovery in cases wherein the decedent was or would have been a party. Section 2209 contains subject matter which was previously c ontained in § 574 of the Probate Code of Guam (1970), as well as in § 956 of the Civil Code of Guam (i.e., the material contained in subsection (d).) Thus, § 2209 is not a great departure from previous law; rather, it brings together various fa cets of prior law in a manner that is more sensible, and somewhat more general, than p rior law. § 2211. Specific Actions Authorized: For Partition; on Bond of Former Personal Representative; to Recover Fraudule ntly Conveyed Property; Procedure and Distribution of Latter.

eral, than p rior law. § 2211. Specific Actions Authorized: For Partition; on Bond of Former Personal Representative; to Recover Fraudule ntly Conveyed Property; Procedure and Distribution of Latter. (a) When a decedent leaves an undivided interest in any property, an action for the partition thereof may be instituted and maintained against such decedent's personal representative; and a dece dent's personal repre- sentative may institute and maintain an action agai nst the other cotenants for the partition of any property in which such dec edent left an undivided interest. (b) A personal representative, as such, may insti tute and maintain an action on the bond of any former personal represent ative of the same estate, for the use and benefit of all parties inte rested in the estate. (c) If a decedent, in his lifetime, conveyed any real or personal property, or any interest therein, with intent to d efraud his creditors, or to avoid any obligation due another, or made a conveya nce that by law is void as against creditors, or made a gift of proper ty in view of death, and there is a deficiency of assets in the hands of the personal representative, the personal representative must,

t by law is void as against creditors, or made a gift of proper ty in view of death, and there is a deficiency of assets in the hands of the personal representative, the personal representative must, on the applicatio n of any creditor, commence and prosecute to final judgment an action for the recovery of COL37201415 GCA ESTATES AND PROBATE CH. 22 POWERS AND DUTIES OF EXECUTORS , ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS 7 the same for the benefit of the creditors. A credit or making such applica- tion must pay such part of the cost and expenses of the suit, or give such security to the personal representative therefor, a s the Superior Court of Guam shall direct. All property recovered in an act ion brought under the provisions of this subsection must be sold for the payment of debts, in the same manner as if the decedent had died seised or possessed thereof, and the proceeds of such sale must be appropriated in payment of the debts of the decedent in the same manner as other p roperty in the hands of the personal representative. The remainder of th e proceeds, after all the debts of the decedent have been paid, must be p aid to the person from whom such property

as other p roperty in the hands of the personal representative. The remainder of th e proceeds, after all the debts of the decedent have been paid, must be p aid to the person from whom such property was recovered. SOURCE: Subsection (a): California Probate Code, § 575 (as amended.) Subsection (b): Id., § 576. Subsection (c): Id., §§ 579, 580. COMMENT: The only substantive change made to prior Guam law is that subsection (a) of § 2211 allows an action against t he personal representative, as well as one by such representative, for the partiti on of property. § 2213. Parties to Actions; Personal Representative s Who Have Not Qualified. In actions by or against personal representatives, it is not necessary to join those as parties to whom letters were grant ed but not issued. SOURCE: Probate Code of Guam (1970), § 577; Guam Law Revisi on Commission. COMMENT: Section 577 of the Probate Code of Guam read, in ap plicable part, A... to whom letters were ordered issued but who hav e not qualified. @ The Commission has altered this language to cause § 221 3 to comport with other Sections of this Title. § 2215.

plicable part, A... to whom letters were ordered issued but who hav e not qualified. @ The Commission has altered this language to cause § 221 3 to comport with other Sections of this Title. § 2215. Obligations Due Decedent; Discharge and Com promise; Renewal and Modification; Wrongful Death or Persona l Injury of Decedent; Compromise and Settlement of Claims; Proc edure. (a) If a debtor of the decedent is unable to pay al l his debts, the personal representative may, with the approval of t he Superior Court of Guam obtained pursuant to the provisions of subsect ion (c) of this Section, give such debtor a discharge, upon such te rms as may appear to the Superior Court of Guam to be for the best inter est of the estate. A compromise, including the compromise of any claim o f the estate against the United States or the territory of Guam, or any agency or instru- mentality of either, may also be authorized by the Superior Court of COL37201415 GCA ESTATES AND PROBATE CH. 22 POWERS AND DUTIES OF EXECUTORS , ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS 8 Guam when it appears to be just and for the best in terest of the estate; provided, that such authorization must be

AND DUTIES OF EXECUTORS , ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS 8 Guam when it appears to be just and for the best in terest of the estate; provided, that such authorization must be obtained pursuant to the provisions of subsection (c) of this Section. The S uperior Court of Guam may also authorize the personal representative, on such terms and conditions as may be approved by the Superior Court of Guam, to extend or renew, or in any manner modify the terms of, any obligation running in favor of the decedent or the decedent's estate, provided, that such authorization and approval must be obtained pursuan t to the provisions of subsection (c) of this Section. (b) A personal representative shall have power, w ith the approval of the Superior Court of Guam obtained pursuant to the provisions of subsection (c) of this Section, to compromise and s ettle all claims or rights of action given to such personal representat ive by any law for the wrongful death or injury of the decedent, including any action brought by such personal representative in attempting enforcem ent thereof. Such power shall include the giving of a covenant not to sue.

rongful death or injury of the decedent, including any action brought by such personal representative in attempting enforcem ent thereof. Such power shall include the giving of a covenant not to sue. (c) To obtain the approval or authorization referre d to hereinabove in this Section, the personal representative shall file in the Superior Court of Guam a verified petition, showing the advantage of the settlement, compromise, extension, renewal or modification (in the case of an approval or authorization required by the provision s of subsection (a) of this Section), or showing the amount of money propo sed to be paid (in the case of an approval required by the provisions of subsection (b) of this Section.) The Clerk of the Superior Court of G uam shall set the petition for hearing, and notice thereof shall be g iven in the manner provided in Section 3401 of this Title. SOURCE: Subsection (a): California Probate Code, § 578 (as amended). Subsection (b): California Probate Code, § 578a. Su bsection (c): Id.; Guam Law Revision Commission. COMMENT: See Comment to § 1515, supra, concerning the revise d notice provisions contained in this Title. § 2217.

California Probate Code, § 578a. Su bsection (c): Id.; Guam Law Revision Commission. COMMENT: See Comment to § 1515, supra, concerning the revise d notice provisions contained in this Title. § 2217. Deposit of Estate Funds in Bank or Savings and Loan Association. A personal representative may deposit any money bel onging to the estate with one or more banks licensed to do busine ss in the Territory of Guam, or invest any such money in an account or acc ounts in one or more insured savings and loan associations licensed to do business in the COL37201415 GCA ESTATES AND PROBATE CH. 22 POWERS AND DUTIES OF EXECUTORS , ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS 9 Territory of Guam, whereupon the personal represent ative shall be discharged from further care or responsibility ther efor until the money is withdrawn by the personal representative. Unless su ch money is so deposited or invested pursuant to an order by the S uperior Court of Guam, under the provisions of Subchapter B of Chapt er 20 of this Title or otherwise, it may be withdrawn without order of the Superior Court of Guam.

d pursuant to an order by the S uperior Court of Guam, under the provisions of Subchapter B of Chapt er 20 of this Title or otherwise, it may be withdrawn without order of the Superior Court of Guam. The term Aaccount or accounts in one or more insured savings and loan associations, @ as used in this Section, shall have the same meani ng as the term Aaccount in an insured savings and loan association @ in Section 2009(c) of this Title. SOURCE: Probate Code of Guam (1970), § 585; California Prob ate Code, § 585. COMMENT: The only substantive change made to § 585 of the Pr obate Code of Guam (1970) is the addition of savings and loan ass ociations; the prior statute allowed deposit of estate funds only into banks. It should be noted that § 2217 is intended to apply to funds coming to the estate aft er the court has made its order for security for the faithful performance of the person al representative's trust -- i.e., to funds not covered by such order -- as funds already in the estate at the time of such order will presumably have been covered by such ord er, and thus will not be in the purview of § 2217. § 2219.

to funds not covered by such order -- as funds already in the estate at the time of such order will presumably have been covered by such ord er, and thus will not be in the purview of § 2217. § 2219. Investment of Estate Funds: Pending Settlem ent of Estate; Pending or at Time of Settlement of Estate; Procedu re. (a) Pending the settlement of an estate, the person al representative may, in his discretion and without prior authorizat ion by the Superior Court of Guam, invest any money in the hands of the personal representative in direct obligations of the United States maturing not later than one (1) year from the date of making the inves tment or reinvestment. (b) Pending the settlement of an estate, or at th e time of settlement of an estate, on the petition of the personal repre sentative or of any person interested in the estate, and upon good caus e shown therefor, the Superior Court of Guam may order any money in the h ands of the personal representative to be invested for the bene fit of the estate in securities of the United States, or to be used for the purchase from an insurer admitted to do business in the Territory of Guam and for any legatee named in the decedent's

bene fit of the estate in securities of the United States, or to be used for the purchase from an insurer admitted to do business in the Territory of Guam and for any legatee named in the decedent's will of an annuity expressly granted to such legatee by such will. The Clerk of the Superio r Court of Guam shall set such petition for hearing, and notice thereof s hall be given in the manner provided in Section 3401 of this Title. COL37201415 GCA ESTATES AND PROBATE CH. 22 POWERS AND DUTIES OF EXECUTORS , ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS 10 SOURCE: Subsection (a): California Probate Code, § 584.1. S ubsection (b): California Probate Code, § 584 (as amended); Guam L aw Revision Commission. § 2221. Personal Representative May Seek Guidance F rom Court on Investment, etc., of Estate Funds; Petition; Proced ure. Notwithstanding the provisions of Sections 2217 and 2219 of this Title, the Superior Court of Guam on the petition o f the personal representative may from time to time instruct and d irect the personal representative as to the administration of the esta te and the disposition, management, operation, investment, care, protection or preservation of the

m time to time instruct and d irect the personal representative as to the administration of the esta te and the disposition, management, operation, investment, care, protection or preservation of the estate or any property thereof. The Clerk of th e Superior Court of Guam shall set such petition for hearing, and notic e thereof shall be given in the manner provided in Section 3401 of thi s Title. SOURCE: California Probate Code, § 588; Guam Law Revision C ommission. COMMENT: The California Probate Code contains a number of pr ovisions touching the personal representative's powers to in vest the estate's property, give options, pick up options, etc., which the Commissio n does not feel are appropriate or necessary in Guam. Under §§ 2217 and 2219, supra , the personal representative may deposit estate funds in a bank or savings and l oan association (§ 2217), or invest estate funds in United States securities (§ 2219); the Commission feels that these options should be sufficient in the great maj ority of cases. Section 2221 merely gives the personal representative the flexib ility to petition the Superior Court for further guidance and direction as to what might be done with the

he great maj ority of cases. Section 2221 merely gives the personal representative the flexib ility to petition the Superior Court for further guidance and direction as to what might be done with the estate's property. The Superior Court of Guam, in its role a s the overseer of all estates, retains the power to approve or deny any such plan of the personal representative, while maintaining firm control over the estate and its property. § 2223. Dedication for Streets or Highways, Easemen ts, Access Rights; Petition; Notice; Order. Whenever it is for the advantage, benefit and best interest of the estate and those interested therein, the personal r epresentative may, either with or without consideration, dedicate or convey a ny real property of the estate or interest therein to the territory of Guam, or to the United States of America, or to any agency or instrumental ity of either, for street or highway purposes or for any other purpose; or de dicate or convey an easement over any real property of the estate to th e territory of Guam or any agency or instrumentality thereof, or to any pe rson, firm, association, or public or private corporation, or to the United States of America

l property of the estate to th e territory of Guam or any agency or instrumentality thereof, or to any pe rson, firm, association, or public or private corporation, or to the United States of America or any agency or instrumentality thereof; or convey, r elease or relinquish to the territory of Guam or any agency or instrumental ity thereof any access rights to any street or highway from any real prope rty of the estate. Any COL37201415 GCA ESTATES AND PROBATE CH. 22 POWERS AND DUTIES OF EXECUTORS , ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS 11 such act of the personal representative shall be ba sed upon the petition of the personal representative or any person intereste d in the estate. The Clerk of the Superior Court of Guam shall set such petition for hearing, and notice thereof shall be given in the manner pro vided in Section 3401 of this Title. SOURCE: California Probate Code, § 587 (as amended); Guam L aw Revision Commission. § 2225. Personal Representative Not to Purchase Cla ims Against Estate; All Sales of Estate Property to Personal Re presentative Subject to Confirmation; Credit in Accounts for Cla ims Paid for Less Than Full Amount.

Representative Not to Purchase Cla ims Against Estate; All Sales of Estate Property to Personal Re presentative Subject to Confirmation; Credit in Accounts for Cla ims Paid for Less Than Full Amount. (a) No personal representative may purchase any cla im against the estate, directly or indirectly, or be interested in any such purchase. (b) The personal representative may purchase prop erty of the estate; provided, that all applicable provisions of Chapter 23 of this Title, except the exemption set forth in the first sentence of Se ction 2315(a) of this Title, shall apply to sales of estate property to t he personal representative. (c) If the personal representative pays any claim for less than its full amount he may have credit in his accounts only for the amount actually paid. SOURCE: Subsections (a) and (c): Probate Code of Guam (1970 ), § 583. Subsection (b): Guam Law Revision Commission. COMMENT: Section 583 of the Probate Code of Guam (1970) proh ibited the personal representative from purchasing any propert y of the estate. The Commis- sion is of the opinion that there is no legitimate reason for this absolute prohibition, so long as the Superior Court of Guam must confirm

ve from purchasing any propert y of the estate. The Commis- sion is of the opinion that there is no legitimate reason for this absolute prohibition, so long as the Superior Court of Guam must confirm all such sales. The Commis- sion has thus added subsection (b), which provides that every sale of estate property to the personal representative -- even of property whose sale would not re- quire confirmation by the court under Chapter 23 -- must be confirmed by the Superior Court of Guam. § 2227. Proxies to Vote Corporate Shares; Waiver of Notice and Consent to Shareholders' Meetings, etc. A personal representative may give proxies to vote any shares of stock of any corporation held in the estate, or to exercise any voting rights attaching to or arising from property held i n the estate. The personal representative may waive notice of and con sent to any meeting COL37201415 GCA ESTATES AND PROBATE CH. 22 POWERS AND DUTIES OF EXECUTORS , ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS 12 of shareholders or property owners, or authorize by a writing any action which could have been taken by shareholders. SOURCE: California Probate Code, § 589. § 2228.

ILL ANNEXED AND ADMINISTRATORS 12 of shareholders or property owners, or authorize by a writing any action which could have been taken by shareholders. SOURCE: California Probate Code, § 589. § 2228. Electronically Stored Documents of Deceased . (a) As used in this Section, custodian means any pe rson who electronically stores the documents or information of another person. (b) A custodian shall provide to the personal repre sentative of the estate of a deceased person, who was domiciled in G uam at the time of the person’s death, access to or copies of any docu ments or information of the deceased person stored electronically by the custodian upon receipt by the custodian of: (1) a written request for access or copies made by the personal representative, accompanied by a copy of the death certificate and a certified copy of the personal representative’s let ters testamentary; or (2) an order of a court having probate jurisdiction of the deceased person’s estate. (c) A custodian may not destroy or dispose of the e lectronically stored documents or information of the deceased per son for two (2) years after the custodian receives a request or order und er Subsection (b).

dian may not destroy or dispose of the e lectronically stored documents or information of the deceased per son for two (2) years after the custodian receives a request or order und er Subsection (b). (d) Nothing in this Section shall be construed to r equire a custodian to disclose any information: (1) in violation of any applicable federal law; or (2) to which the deceased person would not have bee n permitted access in the ordinary course of business by the custodian. SOURCE: Added by P.L. 32-033:1 (May 10, 2013). § 2229. Digital Accounts, Inter-alia. The personal representative of an estate shall have the power, where otherwise authorized, to take control of, conduct, continue, or terminate any accounts of a deceased person on any social net working website, any blogging or short message service website, or any e -mail service websites. SOURCE: Added by P.L. 32-033:2 (May 10, 2013). COL37201415 GCA ESTATES AND PROBATE CH. 22 POWERS AND DUTIES OF EXECUTORS , ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS 13 ---------- COL372014