Chapter 29

COL12010615GCA ESTATES AND PROBATE CH.29ADVANCEMENTS ,ADEMPTION ,PARTITION BEFORE DISTRIBUTION 1CHAPTER 29 ADVANCEMENTS ,ADEMPTION ,PARTITION BEFORE DISTRIBUTION § 2901. Gifts Before Death as Ademptions; When to be T aken as Advancements. § 2903. Advancements: Treated as Part of Estate; De duction From Share of Donee. § 2905. Advancement: Value of P roperty Advanced. § 2907. Advancements to Predeceased Heir . § 2909. Advancements: Determination of Questions. § 2911. Partition Before Distribution: Parties Entitled to Petition. § 2913. Partition Before Distribution: Petition; Time for Filing; Contents; C itation. § 2915. Partition Before Distribution: Setting for Hear ing a nd Notice; Parties to Proceeding. § 2917. Partition Before Distribution: Division and Allo cation of Property; Sale; Acceptance of Un divid ed Inter ests. § 2919. Partition Before Distrib ution: Reference; Ap pointment and Power of Refer ees. § 2921. Partition Before Distribution: Costs a Lien on Property; Apportionment of Expenses; Attorney's Fees. § 2923. Partition Before Distribution: Allotment By Court; Effect; Review . § 2901. Gifts Bef ore Death as Ademptions; When to be T aken as Advancements.

; Apportionment of Expenses; Attorney's Fees. § 2923. Partition Before Distribution: Allotment By Court; Effect; Review . § 2901. Gifts Bef ore Death as Ademptions; When to be T aken as Advancements. A gift before death shall be consid ered as an ademption of a bequest or devise of the property given; but such gifts shall not be taken as an advance ment to an heir or as an ademption of a genera l legacy unless such intention is expressed by the testator in the grant or otherwise in writing, or unless the donee acknowledges it in writing to be such. SOURCE: Probate Code of Guam (1970), § 1050. § 2903. Advancements: T reated as Part of Estate; Dedu ction Fro m Share of Donee. Any property , real or personal, given by the dece dent in the decedent's lifetime as an advancement to an heir, is a part of the state of the decedent for the purposes of division and distribution thereof among the decedent's hei rs, and must be taken by such heir toward his share of COL12010615GCA ESTATES AND PROBATE CH.29ADVANCEMENTS ,ADEMPTION ,PARTITION BEFORE DISTRIBUTION 2the estate of the decedent. If the amount of such advancement exceeds the share of the heir receiving the same, such heir must be

PROBATE CH.29ADVANCEMENTS ,ADEMPTION ,PARTITION BEFORE DISTRIBUTION 2the estate of the decedent. If the amount of such advancement exceeds the share of the heir receiving the same, such heir must be excluded from any further portion in the division and distribution of t he estate, but such heir shall not be required to refund any part of such advancement. If the amount so received is less than such heir's share, such heir is entitled to so much mor e as will give such heir his full share of the estate of the decedent. SOU RCE: Probate Code of Guam (1970), § 1051. § 2905. Advancement: V alue of Property Advanced. If the value of the property ad vanced as set forth in Section 2903 of this Title is expr essed in the conveyance, or in the charge thereof made by the decedent, or i n the ac knowledg ment of the party receiving it, it must be held as of the that value in the division and distribution of the estate; other wise, it must be estimated according to its value when given, as nearly as the same can be ascertained. SOURCE: Probate Code of Guam (1970), § 1052. § 2907. Advancements to Predeceased Heir .

; other wise, it must be estimated according to its value when given, as nearly as the same can be ascertained. SOURCE: Probate Code of Guam (1970), § 1052. § 2907. Advancements to Predeceased Heir . If an heir receiving an advancement dies before the decedent, leaving heirs, the advancement must be taken into consideration in the division and distribution of the estate, and t he amount ther eof must be allowed accordingly by the representative or successors in interest of the heir receiving the advance ment, in like manner as if the advancement had been ma de dir ectly to them. SOURCE: Probate Code of Guam (1970), § 1053. § 2909. Advancements: Determination of Questions. All questions as to advancements made, or alleged to have been made, by the decedent to his heirs, may be heard and deter mined by the Superior Court, and must be specified in the decree assigning and distribut ing the estate; and the decree of the Superior Court, when it becomes final, is conclusive on all parties interested in the estate. SOURCE: Probate Code of Guam (1970), § 1054. § 291 1. Partition Before Distribution: Parties Entitled to Petition.

Court, when it becomes final, is conclusive on all parties interested in the estate. SOURCE: Probate Code of Guam (1970), § 1054. § 291 1. Partition Before Distribution: Parties Entitled to Petition. When two or more heirs, devises or legatees are entitled to the distribu tion of undivided interests in any real or per sonal property of the decedent and they have not agreed among themselves, before distribu -COL12010615GCA ESTATES AND PROBATE CH.29ADVANCEMENTS ,ADEMPTION ,PARTITION BEFORE DISTRIBUTION 3tion, to a parti tion, allotment or other division thereo f, any one or more of them, or the per sonal representative, at the request of any one or more of them, may petition the Superior Court to make such partition, allotment or division of the proper ty as will be equitable and will avoid the distribution of u ndivided interests. SOURCE: Probate Code of Guam (1970), § 1100. COMMENT : Sections 2911 -2929, inclusive, have been largely taken from §§ 1100 -1106 of the Probate Code of Guam (1970). The only change made by the Com mission has been a slight alteration of the wording of § 2913, following the California model; see Comment to § 2913.

§§ 1100 -1106 of the Probate Code of Guam (1970). The only change made by the Com mission has been a slight alteration of the wording of § 2913, following the California model; see Comment to § 2913. The other changes to §§ 2911 -2923, inclusive, have been made merely to indicate that the provisions of those Sections cover a different subject -matter area than the provi sions of §§ 2901 -2909, inclusive. Under the Probate Code of Guam (1970) this was not a problem, because the provisions concerning partition before distribution occupied their own chapter . The Commission has conflated these provisions with the provisions co ncern ing advance ments and ademptions into a single Chapter for the sake of conve nience and efficiency; however, it is not the Commis sion's inten tion to alter the substantive provi sions of either sub ject-matter area to any greater extent than might b e gleaned from the texts of the Sections in Chapter 29, or from the Comments thereto. § 2913. Partition Before Distribution: Petition; Time for Filing; Contents; Citation. The petition referred to in Section 2911 of this Title may be filed with the Clerk o f the Superi or Court at any time after the time to

e Distribution: Petition; Time for Filing; Contents; Citation. The petition referred to in Section 2911 of this Title may be filed with the Clerk o f the Superi or Court at any time after the time to file or present claims has expired, and before the distribution of the property to be affected has been ordered. The petition shall describe the property and give the names of the persons having or claimi ng the undivided interests and sha ll state what those interests are, so far as known to the petitioner . Ther eupon a citation shall be issued by the Clerk of the Superior Court directed to the persons, other than the petitioner, who are entitled to distribu tion of the undivided inter ests, and to the personal representa tive, direct ing them to answer the petition within thirty (30) calendar days after service of the citation. The citation shall be served in the manner provid ed by law for the service of a summons in a civil action. If there is unreasonable delay in serving the citation, the Superior Court may dismiss the proceeding. SOURCE: California Probate Code, § 1101 (as amend ed).

e service of a summons in a civil action. If there is unreasonable delay in serving the citation, the Superior Court may dismiss the proceeding. SOURCE: California Probate Code, § 1101 (as amend ed). COMMENT : The only alteration to § 1101 of the Pro bate Code of Guam ( 1970) is the following change in the second -to-last sen tence: where it previously read, A... personally or by publication in the same manner as a summons in a civil action ... @, it now reads, A... in the manner provided by law for the service of summons in a civil action. @COL12010615GCA ESTATES AND PROBATE CH.29ADVANCEMENTS ,ADEMPTION ,PARTITION BEFORE DISTRIBUTION 4§ 2915. Partition Before Distribution: Setting for Hearing and Notice; Parties to Proceeding. When all the persons in interest have appeared or are in default on a proceeding for partition as described in this Chapter, the Clerk of the Superior Court shall set the matter for hearing by the Superior Court. The persons in interest who have filed written appearances shall be considered the parties to the proceeding, and each shall be entitled to five (5) calendar days' notice of the hearin g.

rior Court. The persons in interest who have filed written appearances shall be considered the parties to the proceeding, and each shall be entitled to five (5) calendar days' notice of the hearin g. No one shall be consid ered as a plaintiff or as a defendant. SOURCE: Probate Code of Guam (1970), § 1102. § 2917. Partition Before Distribution: Division and Allocation of Property; Sale; Acceptance of Undivided Interests. The Superior Court, at the h earing provided for in Section 2915 of this Title, shall proceed to take evidence and to partition, allot, and divide the property so that each party shall receive property of a value proportionate to his interest in the whole, and for that purpose the Superior Court may dir ect the personal representative to sell any property which cannot be partitioned without great preju dice to the owners and which cannot convenient ly be allotted to any one party . The sale shall be conducted and confirmed in the same ma nner as other probate sales. Any two or mor e parties may agree to accept undivided inter ests. SOURCE: Probate Code of Guam (1970), § 1103. § 2919. Before Distribution: Reference; Appointment and Power of Referees.

obate sales. Any two or mor e parties may agree to accept undivided inter ests. SOURCE: Probate Code of Guam (1970), § 1103. § 2919. Before Distribution: Reference; Appointment and Power of Referees. In a pro ceeding for partition as de scribed in this Chap ter, the Superior Court may , in its discretion, appoint one or three referees to partition prop erty capable of being divided, if requested to do so by any party in interest. The number of referees appointed must conform to the request of at least one of the parties. The referees shall have the powers and perform the duties of referees in civil actions for partition, and the Superior Court shall have the same powers with respect to their report as in such actions. SOURCE: Probate Code of Gu am (1970), § 1104. § 2921. Partition Before Distribution: Costs a Lien on Property; Apportionment of Expenses; Attorney's Fees.COL12010615GCA ESTATES AND PROBATE CH.29ADVANCEMENTS ,ADEMPTION ,PARTITION BEFORE DISTRIBUTION 5The expenses of a partition provided by this Chapter shall be equitably apportioned by the Superior Court among the parties, but each party must pay his own attor ney's fees.

ION BEFORE DISTRIBUTION 5The expenses of a partition provided by this Chapter shall be equitably apportioned by the Superior Court among the parties, but each party must pay his own attor ney's fees. The amount charged to each party shall constitute a lien on the property allotted to him. SOURCE: Probate Code of Guam (1970), § 1105. § 2923. Partition Before Distribution: Allot ment by Court; Effect; Review . The allotment made by the Superior Court in a proceeding for partition as described in this Chapter shall control upon proceedings for distribution, unless modified for good cause upon reasonable notice, and the proceedings leading to such allotment may be re viewed upon appeal from the decree of distribution. SOURCE: Probate Code of Guam (1970), § 1106. ----------