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DIVISION III

ADMINISTRATION OF ESTATES OF DECEDENTS

Chapter I. Administration of Estates of Decedents. §§ 300-362

Jurisdiction. §§ 300-303

Probate of Wills. §§ 320-332

Article I.
II.
III.

Lost or Destroyed Wills. §§ 350-352
IV. Foreign Wills. §§ 360-362

Chapter II. Contest of Wills. §§ 370-385

Article I.

II.

Contests Before Probate. §§ 370-374
Contests After Probate. §§ 380-385

Chapter III. Appointment of Executors and of Administrators with the Will
Annexed. §§ 400-409

IV. Article I. II.

III.

Chapter VII.

Appointment of Administrators. §§ 420-453
Competency and Priority. §§ 420-427
Application for Letters. §§ 440-443
Revocation of Letters. §§ 450-453

Chapter V. Special Administrators. §§ 460-468

VI. Letters, Generally, and Changes in Administration. §§ 480-526 Article I. Banks and Trust Companies. §§ 480-481 Form of Letters. §§ 500-502

II.

III. Disability and Substitution. §§ 510-512

IV. Resignation, Suspension, and Removal. §§ 520-526

Oaths and Bonds. §§ 540-554

VIII. Powers and Duties of Executors and Administrators. §§ 570-588

IX. Inventory and Appraisement. §§ 600-615

X. Disposition of Estates Without Administration. §§ 630-650 Article I. Transfer of Personal Property Not Exceeding $300 in Value.

§§ 630-631

II.

III. Chapter XI. Article I. II. Chapter XII. Article I. II. Chapter XIII. Article I.

II.

III. Sale of Real Property. §§ 780-793

IV. Sale of Contract to Purchase. §§ 800-802

Chapter XIV. Notes, Mortgages, Leases, Conveyances, and Exchanges.

Setting Aside Estates Not Exceeding $500 in Value. §§ 640-646
Summary Settlement of Estates of Small Value. §§ 647-650
Support of the Family. §§ 660-683

Homestead and Exempt Property. §§ 660-668
Family Allowance. §§ 680-683
Presentation and Payment of Claims. §§ 700-739
Presentation. §§ 700-719

Rules as to Payment of Claims. §§ 730-739
Sales. §§ 750-802

Sales in General. §§ 750-761

Sale of Personal Property. §§ 770-774

§§ 830-860

Borrowing Money and Mortgaging Property. §§ 830-834
Leasing. §§ 840-844

Article I.
II.

III. Conveyance to Complete Contract. §§ 850-853
IV. Exchange of Real Property. § 860
Chapter XV. Compensation and Accounting. §§ 900-956
Article I. Commissions. §§ 900-904
II.

Attorneys' Fees. §§ 910-911

III. Rendering of Exhibits and Accounts. §§ 920-932

IV. Payment of Debts, Expenses, and Charges. §§ 950-956

Chapter XVI. Distribution and Discharge. §§ 1000-1067
Article I. Partial Distribution. §§ 1000-1003

II.

Ratable Distribution. §§ 1010-1013
Final Distribution. §§ 1020-1025

III.

IV.

Estates of Nonresidents. §§ 1040-1042

V. Advancements and Ademptions. §§ 1050-1054
VI. Discharge. §§ 1060-1067
Chapter XVII.
XVIII.
XIX.

XX.

Determination of Heirship. §§ 1080-1082

Partition Before Distribution. §§ 1100-1106
Administration of Trusts. §§ 1120-1126

Establishing Fact of Death or Heirship. §§ 1190-1195
Identity of Heirs. §§ 1190-1192

Establishing Fact of Death. §§ 1193-1195
Notices, Orders, and Procedure. §§ 1200-1240
Notices. §§ 1200-1210

Orders. §§ 1220-1222

Rules of Procedure. §§ 1230-1233

Article I.

II. Chapter XXI.

Article I.

II.

III.

IV. Appeals. § 1240

DIVISION IV

GUARDIAN AND WARD

Chapter I. The Relationship, and Rules Governing Its Creation. §§ 1400-1411 When Guardianship Not Necessary. §§ 1430-1433

II.

III. Appointment of Guardians for Minors. §§ 1440-1442

IV. Appointment of Guardians for Insane or Incompetent Persons.

§§ 1460-1462

V.

Restoration to Capacity. §§ 1470-1472

VI. Oaths, Bonds, and Letters. §§ 1480-1487

VII. Powers and Duties. §§ 1500-1515

VIII. Sales, Mortgages, Leases, and Conveyances. §§ 1530-1539

IX. Inventory and Accounting. §§ 1550-1557

X.

Nonresident Wards. §§ 1570-1574

XI. Suspension, Removal, and Resignation. §§ 1580-1582

XII. Termination of Guardianship. §§ 1590-1593

XIII. Notices and Procedure. §§ 1600-1607
XIV. Appeals. §§ 1630-1631

Table of Sections of Probate Code affected by the Sixth (Special) Session, Seventh, Eighth, and Ninth Guam Legislature.

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THE PROBATE CODE OF GUAM

There is hereby enacted a new Probate Code
of Guam to read as follows:

The Probate Code of the Territory of Guam

§ 1. Title and divisions of this Code.

§ 2.

Construction.

§ 3. Saving clause.

§ 1. Title and divisions of this Code. This Code shall be known as the Probate Code and is composed of four divisions as follows:

Division I.

II.

II(a).

Wills.

Succession.

Simultaneous Death.

Administration of Estates of Decedents.

III.

IV. Guardian and Ward. [Enacted 1953.]

§ 2. Construction. The provisions of this Code, so far as they are substantially the same as existing laws, must be construed as continuations thereof, and not as new enactments. [Enacted 1953.]

§ 3. Saving clause. No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by its provisions, but the proceedings therein must conform to the requirements of this Code as far as applicable.

Chapter I. Who May Make and Take by a Will.
Article I. General Provisions.
II. Gifts to Charity.

II.

III.

Article I.

Execution of Wills.

Revocation of Wills.

IV.

Kindred Not Mentioned in Will, Who Share in Estate.
V. Interpretation of Wills.

VI. Effect of Certain Provisions.

VII.

Conditions and Remainders.

VIII. Legacies and Interest.

General Provisions.
II. Gifts to Charity.

§ 20. Who may make will.

§ 21. Community property.

§ 22.

DIVISION I

Wills

Duress.

Mutual will.

CHAPTER I

Who May Make and Take by a Will

Validity of foreign will.

Who may take by will.

ARTICLE I

General Provisions

§ 23.

§ 24.

Conditional will.

§ 25. Effect of codicil.

§ 26.

§ 27.

§ 28. Vesting of testamentary dispositions.

§ 29. Plural devisee.

20. Who may make will. Every person of sound mind, over the age of eighteen (18) years, may dispose of his or her separate property, real and personal, by will. [Enacted 1953.]

§ 21. Community property. The extent to which community property may be disposed of by will is provided in Chapter I of Division II of this Code. [Enacted 1953.]

§ 22. Duress. A will or part of a will procured to be made by duress, menace, fraud, or undue influence, may be denied probate; and a revocation procured by the same means may be declared void. [Enacted 1953.]

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