Chapter 31

15 GCA ESTATES AND PROBATE CH. 31 DISPOSITION OF ESTATES OF SMALL VALUE 1 CHAPTER 31 DISPOSITION OF ESTATES OF SMALL VALUE 2014 NOTE: Unless otherwise indicated, this Title includes a nnotations drafted by the Law Revision Commission from the ena ctment of Title 15 GCA by P.L. 16-052 (Dec. 17, 1981). The Source not es have been updated to reflect subsequent changes to each provision. Th e Comments from the Law Revision Commission were retained in past print publications of the GCA, and are included herein as originally publishe d, for historical purposes. Pursuant to the authority granted by 1 GCA § 1606, 'Subchapter' designations altered to 'Article' to adhere to the Compiler’s general codification scheme. Article 1. Transfer of Personal Property Not Exceed ing $75,000.00 in Value. Article 2. Setting Aside Estates Not Exceeding $75, 000.00. ARTICLE 1 TRANSFER OF PERSONAL PROPERTY NOT EXCEEDING $75,000.00 IN VALUE § 3101. Estates Under Seventy-Five Thousand Dollars ($75,000); Summary Administration or Probate; Affidavit. § 3101.1 Estates of Deceased COLA Awardees; Summary Administration or Probate; Affidavit. § 3102. [Vacant.] § 3103.

enty-Five Thousand Dollars ($75,000); Summary Administration or Probate; Affidavit. § 3101.1 Estates of Deceased COLA Awardees; Summary Administration or Probate; Affidavit. § 3102. [Vacant.] § 3103. Estates Under Thirty-Five Thousand Dollars ($35,000); Surviving Spouse's Right to Two Thousand Five Hundr ed Dollars ($2,500) from Deposits in Savings Instituti ons. § 3105. Affidavit of Right; Effect of Receipt; Clai m Against Estate in Probate; Procedure. § 3107. Exclusion of Joint Tenancy, Life Estate or Other Estate Terminable at Death. § 3101. Estates Under Seventy-Five Thousand Dollars ($75,000); Summary Administration or Probate; Affidavit. When a decedent leaves no real property, nor intere st therein nor lien thereon, in the territory of Guam, and the tot al value of the decedent's property in the territory of Guam, exclu ding any motor vehicle of which the decedent was the owner or the legal owner, over and above any amounts due to the decedent for services in the armed forces COL412201715 GCA ESTATES AND PROBATE CH. 31 DISPOSITION OF ESTATES OF SMALL VALUE 2 of the United States, and over and above the amount of salary not exceeding Six Thousand Dollars ($6,000), including

OL412201715 GCA ESTATES AND PROBATE CH. 31 DISPOSITION OF ESTATES OF SMALL VALUE 2 of the United States, and over and above the amount of salary not exceeding Six Thousand Dollars ($6,000), including compensation for unused vacation, owing to the decedent for services from any employment, does not exceed Seventy-Five Thousand D ollars ($75,000), the surviving spouse, the children, lawful issue of deceased children, a parent, brothers or sisters of the decedent, the la wful issue of a deceased brother or sister, the guardian of the estate of an y minor or incompetent person bearing such relationship to the decedent, o r the trustee named under a trust agreement executed by the decedent du ring his lifetime, the primary beneficiaries of which bear such relationsh ip to the decedent, if such person or persons has or have a right to succe ed to the property of the decedent, or is the sole beneficiary or are all of the beneficiaries under the last will and testament of the decedent, may without procuring letters testamentary, letters of administration wit h the will annexed or letters of administration, and without awaiting adm inistration upon the estate of an intestate decedent or

without procuring letters testamentary, letters of administration wit h the will annexed or letters of administration, and without awaiting adm inistration upon the estate of an intestate decedent or the probate of t he will of a testate decedent, collect any money due to the decedent, re ceive the property of the decedent, and have any evidences of interest, i ndebtedness or right transferred to such person or persons upon furnishi ng the person, representative, corporation, officer or body owing the money, having custody of such property or acting as registrar or transfer agent of such evidences of interest, indebtedness or right, with an affidavit showing the right or the person or persons to receive the money or property, or to have such evidences transferred. SOURCE: California Probate Code, § 630 (as amended). Amende d by P.L. 33- 213:1 (Dec. 15, 2016). COMMENT: The effect of § 3101 is not markedly different from that of § 630 of the Probate Code of Guam (1970): basically, it allo ws the people with the right to a decedent's property to receive that property withou t the decedent's estate going through formal administration.

the Probate Code of Guam (1970): basically, it allo ws the people with the right to a decedent's property to receive that property withou t the decedent's estate going through formal administration. Since its original e nactment in California in 1931, however, the statute (which began its life very muc h like prior § 630 of the Probate Code of Guam (1970),) has been amended a number of times, for two basic reasons: (1) to raise the amount of the decedent's estate, to which the provisions apply; and (2) to increase the class of persons who may take advantage of the Section. Virtually all of the changes made in Calif ornia are also useful in Guam, and have thus been included in § 3101. § 3101.1. Estates of Deceased COLA Awardees; Summar y Administration or Probate; Affidavit. When a COLA awardee as defined by Title 4 GCA § 71 01(4) dies before receiving the award and the Director of Admi nistration determines that Title 4 GCA § 7102 does not apply, the Director shall COL412201715 GCA ESTATES AND PROBATE CH. 31 DISPOSITION OF ESTATES OF SMALL VALUE 3 pay over the COLA award as defined by Title 4 GCA § 7101 (3) as follows: (a) If no proceeding regarding the awardee’s estat e was

CA ESTATES AND PROBATE CH. 31 DISPOSITION OF ESTATES OF SMALL VALUE 3 pay over the COLA award as defined by Title 4 GCA § 7101 (3) as follows: (a) If no proceeding regarding the awardee’s estat e was brought pursuant to Title 15 GCA, a person who has a right to succeed to the awardee’s property may, without brin ging such a proceeding, submit to the Director the COLA awardee ’s death certificate and an affidavit showing the name, age and address of every person entitled to the COLA award pursuant to the laws of intestate succession. If the Director determines th at the affidavit is correct, he shall distribute the COLA award accordi ngly. (b) If a proceeding regarding the COLA awardee’s e state pursuant to Title 15 GCA is pending, the court in s aid proceeding shall order the Director to pay over the award to t he decedent's personal representative. (c) If a proceeding regarding the COLA awardee’s e state was brought pursuant to Title 15 GCA but is closed, the personal representative or an heir of the COLA awardee may r equest payment of the COLA award and present the Director of Administration with a certified copy of the Final D ecree of Distribution.

he personal representative or an heir of the COLA awardee may r equest payment of the COLA award and present the Director of Administration with a certified copy of the Final D ecree of Distribution. The Director shall pay over the COLA award according to said Decree in the appropriate amounts to the heirs named therein or to their personal representatives or successors in interest. The Director shall develop form affidavits to assi st applicants for COLA awards. SOURCE : Added by P.L. 28-151:7 (Oct. 31, 2006). NOTE : This section was added by P.L. 28-151 in relatio n to the authorization of the Governor to make COLA payments pursuant to Rios v. Camacho , Superior Court Case No. SP0206-93. Pursuant to P.L. 28-151, this section 'shall be repealed and cease to be of any further force and effect up on the Superior Court's determination in SP0206-93 that all COLA awards hav e been paid over.' § 3102. [Vacant .] 2017 NOTE : During the codification process from the Probate Code of Guam to Title 15 of the Guam Code Annotated, the Law Revisi on Commission did not include a provision for § 3102; it was left vacant. § 3103.

During the codification process from the Probate Code of Guam to Title 15 of the Guam Code Annotated, the Law Revisi on Commission did not include a provision for § 3102; it was left vacant. § 3103. Estates Under Thirty-Five Thousand Dollars ($35,000); Surviving Spouse's Right to Two Thousand Five Hundr ed Dollars ($2,500) From Deposits in Savings Institutions. COL412201715 GCA ESTATES AND PROBATE CH. 31 DISPOSITION OF ESTATES OF SMALL VALUE 4 Whether a person dies testate or intestate, and irr espective of the character of his property, if the value of the esta te does not exceed Thirty-Five Thousand Dollars ($35,000), the deceden t's surviving spouse, if entitled by succession or by the last wi ll and testament of the decedent to any money of the decedent on deposit in any bank, savings and loan association, credit union or other savings institution licensed to do business in the territory of Guam, may collect s uch money, not to exceed the total sum of Two Thousand Five Hundred D ollars ($2,500), without procuring letters testamentary, letters of administration with the will annexed or letters of administration, and with out awaiting administration upon the estate of an

red D ollars ($2,500), without procuring letters testamentary, letters of administration with the will annexed or letters of administration, and with out awaiting administration upon the estate of an intestate dece dent or the probate of the will of a testate decedent, upon furnishing the bank, savings and loan association, credit union or other savings institut ion with an affidavit showing the right of the affiant to receive such mo ney. SOURCE: Probate Code of Guam (1970), § 630a; Guam Law Revis ion Commission. Amended by P.L. 33-213:2 (Dec. 15, 201 6). COMMENT: The purpose of § 3103 is to provide the surviving s pouse with enough money to live on pending the award of a fami ly allowance once admin- istration commences. Under § 630a of the Probate Co de of Guam (1970), the most the surviving spouse could receive was $100.00, if the estate did not exceed $1,000.00. The Commission is of the opinion that th ose amounts are far too low, given present economic reality and the declining va lue of money, and has thus raised the amount from $100.00 to $1,000.00, if the estate does not exceed $10,000.00. § 3105.

amounts are far too low, given present economic reality and the declining va lue of money, and has thus raised the amount from $100.00 to $1,000.00, if the estate does not exceed $10,000.00. § 3105. Affidavit of Right; Effect of Receipt; Clai m Against Estate in Probate; Procedure. (a) The receipt of the affiant or affiants referred to in Sections 3101 and 3103 of this Title shall constitute sufficient acquittance for the payment of money or delivery of property made pursu ant to the provisions of Section 3101 and 3103 of this Title a nd shall fully discharge such person, representative, corporation, officer or body from any further liability with respect thereto, without the necessity of inquiring into the truth of any of the facts stated in the affidavit. But such payment or transfer shall not preclude administrati on upon the decedent's estate when necessary to enforce payment of the dec edent's debts. (b) When the money or property claimed under the provisions of Section 3101 or Section 3103 of this Title is that of a deceased heir or legatee of a person whose estate is in probate, the personal representative of the person whose estate is in probate shall firs t present the

Section 3103 of this Title is that of a deceased heir or legatee of a person whose estate is in probate, the personal representative of the person whose estate is in probate shall firs t present the affidavit referred to in Section 3101 or Section 3103 of this Title to the Superior COL412201715 GCA ESTATES AND PROBATE CH. 31 DISPOSITION OF ESTATES OF SMALL VALUE 5 Court and the Superior Court shall direct such pers onal representative to pay the money or deliver the property to the affian t or affiants to the extent that the decree of distribution shall determ ine that such heir or legatee was entitled thereto under the will or the laws of succession. SOURCE: Subsection (a): California Probate Code, § 631 (as amended). Subsection (b): California Probate Code, § 631.1. § 3107. Exclusion of Joint Tenancy, Life Estate or Other Estate Terminable at Death. For the purposes of this Article, any property or i nterest therein or lien thereon which, at the time of the decedent's d eath, was held by the decedent as joint tenant, or in which the decedent had a life estate or other estate terminable upon the decedent's death, shall be excluded in determining the property or estate of the

s held by the decedent as joint tenant, or in which the decedent had a life estate or other estate terminable upon the decedent's death, shall be excluded in determining the property or estate of the decedent or its value. SOURCE: California Probate Code, § 632. ---------- ARTICLE 2 SETTING ASIDE ESTATES NOT EXCEEDING $75,000.00 § 3109. Setting Aside Estates Under Seventy-Five Th ousand Dollars ($75,000); Authority to Set Aside. § 3111. Setting Aside Estates Under Seventy-Five Th ousand Dollars ($75,000): Petition; Allegations; Time; Verificatio n; Contents. § 3113. Setting Aside Estates Under Seventy-Five Th ousand Dollars ($75,000): Notice of Hearing; Proceedings Included in Petition for Letters. § 3115. Setting Aside Estates Under Seventy-Five Th ousand Dollars ($75,000): Notice of Hearing; Proceedings Under Sep arate Petition. § 3117. Setting Aside Estate Under Seventy-Five Tho usand Dollars ($75,000): Inventory and Appraisement; Filing. § 3119. Setting Aside Estates Under Seventy-Five Th ousand Dollars ($75,000): Decree Assigning Estate to Surviving Spo use, Child or Children; Title to Property; Restriction o n Right. § 3121.

iling. § 3119. Setting Aside Estates Under Seventy-Five Th ousand Dollars ($75,000): Decree Assigning Estate to Surviving Spo use, Child or Children; Title to Property; Restriction o n Right. § 3121. Setting Aside Estates Under Seventy-Five Th ousand Dollars ($75,000): Personal Liability for Unsecured Debts o f Decedent; Duration. COL412201715 GCA ESTATES AND PROBATE CH. 31 DISPOSITION OF ESTATES OF SMALL VALUE 6 § 3123. Setting Aside Estates Under Seventy-Five Th ousand Dollars ($75,000): Denial of Assignment; Grounds; Effect. § 3125. Setting Aside Estates Under Seventy-Five Th ousand Dollars ($75,000): Exclusion of Joint Tenancy, Life Estate, or Other Estate Terminable at Death. § 3109. Setting Aside Estates Under Seventy-Five T housand Dollars ($75,000); Authority to Set Aside. If the decedent leaves a surviving spouse or minor child or minor children, and the net value of the whole estate, ov er and above all liens and encumbrances at the date of death and over and above the value of any homestead interest set apart out of the deceden t's estate under the provisions of Section 2401 or Section 2409 of this Title, does not exceed the sum of Seventy-Five Thousand Dollars

he value of any homestead interest set apart out of the deceden t's estate under the provisions of Section 2401 or Section 2409 of this Title, does not exceed the sum of Seventy-Five Thousand Dollars ($75,000), the same may be set aside to the surviving spouse, if there be one, and if there be none, then to the minor child or minor children of the de cedent. SOURCE: California Probate Code, § 640 (as amended). Amende d by P.L. 33- 213:3 (Dec. 15, 2016). COMMENT: Section 3109, and the remaining Sections in this su bchapter, replace §§ 640 - 649 of the Probate Code of Guam (1970). Th e California versions of the corresponding statutes have been extensively rework ed since their original adoption in 1931, and they now provide a far more workable - - and much fairer --scheme than that included in the Probate Code of Guam (197 0). § 3111. Setting Aside Estates Under Seventy-Five T housand Dollars ($75,000): Petition; Allegations; Time; Verificatio n; Contents. Allegations showing that this Article is applicable , together with a prayer that the estate be set aside as provided in this Article, may be presented without filing a petition for letters tes tamentary, letters of

ing that this Article is applicable , together with a prayer that the estate be set aside as provided in this Article, may be presented without filing a petition for letters tes tamentary, letters of administration with the will annexed or letters of administration, by petition of the person named in the will as the exe cutor or of the surviving spouse or of the guardian of the minor ch ild or children of the decedent. Such allegations and prayer may also be i ncluded alternatively in the petition for letters testamentary, letters o f administration with the will annexed or letter of administration, or such a llegations and prayer may be presented by separate petition filed by the personal representative of the decedent, or by the surviving spouse, or by the guardian of the minor child or children, filed at any time before t he hearing on the petition for letters testamentary, letters of admin istration with the will annexed or letters of administration or after the f iling of the inventory. In COL412201715 GCA ESTATES AND PROBATE CH. 31 DISPOSITION OF ESTATES OF SMALL VALUE 7 all cases the petition shall be verified.

ed or letters of administration or after the f iling of the inventory. In COL412201715 GCA ESTATES AND PROBATE CH. 31 DISPOSITION OF ESTATES OF SMALL VALUE 7 all cases the petition shall be verified. The alleg ations shall include a specific description and an estimate of the value o f all of the decedent's property, a list of all liens and encumbrances at t he date of death, and a designation of any property as to which a homestead is set apart out of the decedent's estate under the provisions of Secti on 2401 or Section 2409 of this Title. SOURCE: California Probate Code, § 641 (as amended). Amende d by P.L. 33- 213:4 (Dec. 15, 2016). COMMENT: See Comment to § 3109, supra. § 3113. Setting Aside Estates Under Seventy-Five T housand Dollars ($75,000): Notice of Hearing; Proceedings Included in Petition for Letters. If the allegations and prayer as provided in Sectio n 3111 of this Title are included in the petition for letters testamenta ry, letters of administration with the will annexed or letters of administration, the notice of hearing shall include a statement that a prayer for setting aside the estate to the surviving spouse or minor child o r minor children, as the case may

xed or letters of administration, the notice of hearing shall include a statement that a prayer for setting aside the estate to the surviving spouse or minor child o r minor children, as the case may be, is included in the petition. SOURCE: California Probate Code, § 642 (as amended). Amende d by P.L. 33- 213:5 (Dec. 15, 2016). COMMENT: See Comment to § 3109, supra. § 3115. Setting Aside Estates Under Seventy-Five T housand Dollars ($75,000): Notice of Hearing; Proceedings Under Sep arate Petition. (a) If a separate petition is filed under the provi sions of Section 3111 of this Title without there having been any other p etition filed, there shall be no notice of any type other than as prescribed i n this subsection. In such cases, the Clerk of the Superior Court shall s et the petition for hearing, and notice of the hearing shall be given i n the manner provided in Section 3401 of this Title. (b) If the hearing of the original petition for let ters testamentary, letters of administration with the will annexed, or letters of administration is set for a day more than ten (10) calendar days after the filing of a separate petition filed with respect th e same estate, the latter

istration with the will annexed, or letters of administration is set for a day more than ten (10) calendar days after the filing of a separate petition filed with respect th e same estate, the latter shall be set for hearing at the same time as the fo rmer and notice thereof shall be given in the manner provided in Section 34 01 of this Title; if not, the separate petition shall be set for hearing at l east ten (10) calendar days after the date on which it is filed, and if th e original petition has not COL412201715 GCA ESTATES AND PROBATE CH. 31 DISPOSITION OF ESTATES OF SMALL VALUE 8 already been heard it shall be continued until such date and heard at the same time. SOURCE: California Probate Code, § 643 (as amended). Amende d by P.L. 33- 213:6 (Dec. 15, 2016). COMMENT: See Comment to § 3109, supra. § 3117. Setting Aside Estate Under Seventy-Five Tho usand Dollars ($75,000): Inventory and Appraisement; Filing. Upon the filing of any petition provided for in thi s Article, the personal representative shall, within such time as the Superior Court shall allow, cause an inventory and appraisement of the decedent's estate to be made and filed in the manner prescribed by la w.

personal representative shall, within such time as the Superior Court shall allow, cause an inventory and appraisement of the decedent's estate to be made and filed in the manner prescribed by la w. SOURCE: California Probate Code, § 644 (as amended). Amende d by P.L. 33- 213:7 (Dec. 15, 2016). COMMENT: See Comment to § 3109, supra. § 3119. Setting Aside Estates Under Seventy-Five T housand Dollars ($75,000): Decree Assigning Estate to Surviving Spo use, Child or Children; Title to Property; Restriction on Right. If, upon the hearing of any petition provided for i n this Article, the Superior Court finds that the net value of the esta te over and above all liens and encumbrances at the death of the decedent and over and above the value of any homestead interest set apart out o f the decedent's estate under the provisions of Section 2401 or Section 240 9 of this Title does not exceed the sum of Seventy-Five Thousand Dollars ($75,000), as of the date of such death, and that the expenses of th e last illness, funeral charges and expenses of administration have been pa id, it shall, by decree for that purpose, assign to the surviving sp ouse of the decedent, if there be a surviving

es of th e last illness, funeral charges and expenses of administration have been pa id, it shall, by decree for that purpose, assign to the surviving sp ouse of the decedent, if there be a surviving spouse, provided said survivin g spouse shall not have theretofore remarried, or, if there be no surv iving spouse, then to such child or children of the decedent as may then be minors, if any, the whole of the estate, subject to whatever mortgages, liens or encumbrances there may be upon said estate at the t ime of the death of the decedent. The title thereto shall vest absolute ly in such surviving spouse, or if there be no such surviving spouse, in the minor child or children, subject to whatever mortgages, liens and encumbrances there may be upon said estate at the time of the death of the decedent, and there must be no further proceedings in the adminis tration, unless further estate be discovered. COL412201715 GCA ESTATES AND PROBATE CH. 31 DISPOSITION OF ESTATES OF SMALL VALUE 9 SOURCE: California Probate Code, § 645 (as amended). Amende d by P.L. 33- 213:8 (Dec. 15, 2016). COMMENT: See Comment to § 3109, supra. § 3121.

PROBATE CH. 31 DISPOSITION OF ESTATES OF SMALL VALUE 9 SOURCE: California Probate Code, § 645 (as amended). Amende d by P.L. 33- 213:8 (Dec. 15, 2016). COMMENT: See Comment to § 3109, supra. § 3121. Setting Aside Estates Under Seventy-Five Th ousand Dollars ($75,000): Personal Liability for Unsecured Debts o f Decedent; Duration. A surviving spouse or a minor child or children in whom title has vested pursuant to the provisions of Section 3119 of this Title shall be personally liable for the unsecured debts of the de cedent. The personal liability shall not exceed the value of the estate at the date of the decedent's death, less the amount of any liens and encumbrances and any homestead and other property set apart pursuant to the provisions of Section 2401 or Section 2409 of this Title. Such pe rsonal liability shall cease one (1) year after title to the estate vests, except with respect to any actions or proceedings then pending in court. In an y action based upon such an unsecured debt, the surviving spouse, or th e minor child or children, or the guardian of such minor child or ch ildren, may assert any defenses, counterclaims or set offs which would hav e been available to

d debt, the surviving spouse, or th e minor child or children, or the guardian of such minor child or ch ildren, may assert any defenses, counterclaims or set offs which would hav e been available to the decedent if the decedent had not died. SOURCE: California Probate Code, § 646 (as amended). Amende d by P.L. 33- 213:9 (Dec. 15, 2016). COMMENT: See Comment to § 3109, supra. § 3123. Setting Aside Estates Under Seventy-Five Th ousand Dollars ($75,000): Denial of Assignment; Grounds; Effect. If the Superior Court finds that the net value of t he estate exceeds Seventy-Five Thousand Dollars ($75,000), or that th ere is neither a surviving spouse nor a minor child, it shall act up on the petition for letters testamentary, letters of administration wit h the will annexed or letters of administration in the same manner as tho ugh no petition to set aside the estate had been included, and the estate shall then be administered in the usual manner. SOURCE: California Probate Code, § 646 (as amended). Amende d by P.L. 33- 213:10 (Dec. 15, 2016). COMMENT: See Comment to § 3109, supra. § 3125. Setting Aside Estates Under Seventy-Five Th ousand Dollars ($75,000): Exclusion of Joint Tenancy,

amended). Amende d by P.L. 33- 213:10 (Dec. 15, 2016). COMMENT: See Comment to § 3109, supra. § 3125. Setting Aside Estates Under Seventy-Five Th ousand Dollars ($75,000): Exclusion of Joint Tenancy, Life Estate, or Other Estate Terminable at Death. COL412201715 GCA ESTATES AND PROBATE CH. 31 DISPOSITION OF ESTATES OF SMALL VALUE 10 For the purposes of this Article, any property or i nterest therein or lien thereon which, at the time of the decedent's death, was held by the decedent as joint tenant, or in which the decedent had a life estate or other estate terminable upon the decedent's death, shall be excluded in determining the property or estate of the decedent or its value. SOURCE: California Probate Code, § 647. Amended by P.L. 33- 213:11 (Dec. 15, 2016). COMMENT: See Comment to § 3109, supra. ---------- COL4122017