Chapter 32

15 GCA ESTATES AND PROBATE CH. 32 DETERMINATION OF HEIRSHIP OR ENTITLEMENT TO DISTRIBUTION ; ESTABLISHING FACT OF DEATH 1 CHAPTER 32 DETERMINATION OF HEIRSHIP OR ENTITLEMENT TO DISTRIBUTION ; ESTABLISHING FACT OF DEATH § 3201. Determination of Heirship or Entitlement to Distribution: Application § 3203. Determination of Heirship or Entitlement to Distribution: Hearing; Conclusiveness of Decree. § 3205. Determination of Heirship or Entitlement to Distribution: Who May File Petition; Contents. § 3207. Determination of Heirship: Procedures. § 3209. Establishing Fact of Death: Petition; Who M ay File; Fees; Time for Filing. § 3211. Establishing Fact of Death: Notice; Hearing ; Objections; Determination; Order. § 3201. Determination of Heirship or Entitlement to Distribution: Application. At any time after the first publication of the noti ce to creditors required by Section 2503 of this Title and prior to the time a petition for final distribution has been filed, the personal rep resentative or any person claiming to be an heir of the decedent or entitled to distribution of the estate or any part thereof may file a petition with the Clerk of the Superior Court, setting forth his claim

ve or any person claiming to be an heir of the decedent or entitled to distribution of the estate or any part thereof may file a petition with the Clerk of the Superior Court, setting forth his claim or reason a nd praying that the Superior Court determine who are entitled to distri bution of the estate. The Clerk of the Superior Court shall set the petit ion for hearing, and notice thereof shall be given in the manner provide d in Section 3401 of this Title. Any person may appear and file a writte n statement setting forth his interest in the estate. No other pleading s are necessary and the allegations of each claimant shall be deemed to be denied by each of the other claimants to the extent that they conflict wi th any claim of the latter. SOURCE: Probate Code of Guam (1970), § 1080; Guam Law Revis ion Commission. COMMENT: See Comment to § 3205, infra. § 3203. Determination of Heirship or Entitlement to Distribution: Hearing; Conclusiveness of Decree. COL413201715 GCA ESTATES AND PROBATE CH. 32 DETERMINATION OF HEIRSHIP OR ENTITLEMENT TO DISTRIBUTION ; ESTABLISHING FACT OF DEATH 2 (a) At the time appointed for the hearing referred to in Section 3201 of this Title, the Superior

ROBATE CH. 32 DETERMINATION OF HEIRSHIP OR ENTITLEMENT TO DISTRIBUTION ; ESTABLISHING FACT OF DEATH 2 (a) At the time appointed for the hearing referred to in Section 3201 of this Title, the Superior Court shall hear the pe tition referred to in Section 3201 of this Title and any objection theret o that may have been presented, and shall determine and set forth in its decree who are the heirs of the decedent or are entitled to distributi on of the decedent's estate, and shall specify in its decree the interes t of each. (b) When the decree referred to in subsection (a) of this Section becomes final, it shall be conclusive upon the matt ers determined, both during the remainder of the administration and upon any subsequent proceeding for distribution. SOURCE: Subsection (a): Probate Code of Guam (1970), § 1081 . Subsection (b): Probate Code of Guam (1970), § 1082. COMMENT: See Comment to § 3205, infra. § 3205. Determination of Heirship or Entitlement to Distribution: Who May File Petition; Contents. When title to real or personal property, or any int erest therein, vests, other than by the laws of succession, in the heirs, heirs of the body, issue, or children of any person,

Petition; Contents. When title to real or personal property, or any int erest therein, vests, other than by the laws of succession, in the heirs, heirs of the body, issue, or children of any person, without other descriptio n or means of identification of the persons embraced in such desc ription, any person interested in such property as such heir, heir of t he body, issue, or child, or as the successor in interest of any such interes ted person, or the personal representative of any such interested pers on or of the successor in interest of any such interested person, may file a verified petition with the Clerk of the Superior Court setting forth brief ly the deraignment of title of the petitioner, a description of the prope rty affected, and, so far as known to the petitioner, the names, ages, and maili ng addresses of the heirs, heirs of the body, issue, or children whose identity is sought to be determined, and if any is dead or if the mailing ad dress of any is unknown, stating such facts, and requesting that a decree be entered determining and establishing the identity of the pe rsons embraced in such general description. SOURCE: Probate Code of Guam (1970), § 1190.

tating such facts, and requesting that a decree be entered determining and establishing the identity of the pe rsons embraced in such general description. SOURCE: Probate Code of Guam (1970), § 1190. COMMENT: The petition and proceeding described in § 3205 sho uld be distinguished from those provided in §§ 3201 and 32 03, supra. The proceeding for determination of heirship, as provided in § 3205, c an occur only where a testator has made certain provisions in his will, which prov isions need clarification. The proceeding established by §§ 3201 and 3203, on the other hand, may be used in any probate matter, whether the decedent was testate or intestate. COL413201715 GCA ESTATES AND PROBATE CH. 32 DETERMINATION OF HEIRSHIP OR ENTITLEMENT TO DISTRIBUTION ; ESTABLISHING FACT OF DEATH 3 § 3207. Determination of Heirship: Procedures. (a) The Clerk of the Superior Court shall set the p etition referred to in Section 3205 of this Title for hearing, and noti ce thereof shall be given in the manner provided in Section 3401 of this Titl e. At any time before the hearing any person interested in the property m ay answer the petition referred to in Section 3205 of this Title and deny any of

manner provided in Section 3401 of this Titl e. At any time before the hearing any person interested in the property m ay answer the petition referred to in Section 3205 of this Title and deny any of the matters contained therein. (b) The Superior Court shall hear the proofs offe red by the petitioner and by any person contesting and must make a decree conformable to the proofs. Such decree shall be prima facie evidence o f the facts determined thereby, and shall be conclusive in favor of anyone acting thereon in good faith, without notice of any conflicting inter est. SOURCE: Subsection (a): Probate Code of Guam (1970), §§ 119 1, 1192. Subsection (b): Probate Code of Guam (1970), § 1192 . COMMENT: See Comment to § 3205, supra. § 3209. Establishing Fact of Death: Petition; Who M ay File; Fees; Time for Filing. When a right of any person depends upon the death o f another, such person may file with the Clerk of the Superior Cour t a petition setting forth the facts giving rise to the presumption that the other person is dead and praying that such other person's death be judic ially ascertained and established by the Superior Court.

ition setting forth the facts giving rise to the presumption that the other person is dead and praying that such other person's death be judic ially ascertained and established by the Superior Court. Such petition ma y be filed at any time, and except as provided hereinbelow, the fee payable for the filing of such petition shall be the same as that payable for the filing of a civil action under applicable law or rule of court; provided, th at if proceedings for the administration of the presumed decedent's estat e are pending in the Superior Court, such petition may be filed in said proceedings without additional fee by such person or by the personal re presentative, at any time prior to the filing of a petition for final di stribution in said proceedings. SOURCE: Probate Code of Guam (1970), § 1193; California Pro bate Code, § 1171 (as amended); Guam Law Revision Commission. COMMENT: The portion of § 3209 following the semicolon in th e second sentence has been adapted from § 1171 of the Califo rnia Probate Code. The portion of the second sentence prior to the semicolon has b een added by the Commission.

lowing the semicolon in th e second sentence has been adapted from § 1171 of the Califo rnia Probate Code. The portion of the second sentence prior to the semicolon has b een added by the Commission. The first sentence has been taken from § 1193 of th e Probate Code of Guam (1970) . COL413201715 GCA ESTATES AND PROBATE CH. 32 DETERMINATION OF HEIRSHIP OR ENTITLEMENT TO DISTRIBUTION ; ESTABLISHING FACT OF DEATH 4 § 3211. Establishing Fact of Death: Notice; Hearing ; Objections; Determination; Order. (a) The Clerk of the Superior Court shall set the p etition referred to in Section 3209 of this Title for hearing, and noti ce thereof shall be given in the manner provided in Section 3401 of this Titl e. At any time before the hearing any person interested may answer the pe tition referred to in Section 3209 of this Title and object to any of the matters contained therein. (b) The Superior Court shall hear the petition re ferred to in Section 3209 of this Title and all objections interposed th ereto. If as a result of such hearing the Superior Court is satisfied that t he evidence adduced in support of the petition is sufficient to establish the presumption that the person presumed to

d th ereto. If as a result of such hearing the Superior Court is satisfied that t he evidence adduced in support of the petition is sufficient to establish the presumption that the person presumed to be dead is dead, it shall make a decree adjudging such person to be dead. SOURCE: Subsection (a): Probate Code of Guam (1970), § 1194 ; Guam Law Revision Commission. Subsection (b): Probate Code o f Guam (1970), § 1195; Guam Law Revision Commission. ---------- COL4132017