15 Guam Code Ann. § 1507
Terms Used In 15 Guam Code Ann. § 1507
- Decedent: A deceased person.
- Executor: A male person named in a will to carry out the decedent
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
(1) The jurisdictional facts;
(2) Whether the person named in the will as executor, if that person’s name is known to the petitioner, consents to or renounces his right to letters testamentary;
(3) The names, ages and mailing addresses of the heirs, devisees and legatees of the decedent, so far as known to the petitioner;
(4) The character and estimated value of the property of the estate;
(5) The name, age and mailing address of the person for whom letters testamentary or letters of administration with the will annexed are prayed; and
(6) In the case of a lost or destroyed will, the testamentary words or the substance thereof.
(b) Where the necessary jurisdictional facts actually exist but through defect of form or through error, they or any of them are incor- rectly stated in any petition or pleading, the Superior Court of Guam has and retains jurisdiction to correct such defect or error at any time. No such defect or error shall make the order admitting the will to probate, or any subsequent proceeding, void.
SOURCE: All except subsection (a)(6): California Probate Code, § 326 (as amended); Guam Law Revision Commission. Subsection (a)(6): Probate Code of Guam, § 351.
COMMENT: Section 1507 is intended to cover only original petitions for the probate of a will and for the grant of letters testamentary, as opposed to such petitions filed in the context of a personal representative who dies, resigns, whose letters are revoked, etc. The latter situation is covered in Chapter 21, infra.
OFFICIAL FORM: See Official Form No. 2, Appendix AA@.