any time before the hearing of a petition for probate and for the grant of letters testamentary, or of letters of administration with the will annexed in the first instance, any person interested may contest the will by filing written grounds of opposition to the probate thereof. Following such filing, a citation shall be issued by the Superior Court of Guam, directed to the petitioner, to the heirs of the decedent and to all persons interested in the will, including minors and incompetents, wherever residing, directing them to plead to the contest within thirty (30) calendar days after service of such citation. Service of such citation shall be made in the manner provided by law for the service of a summons in a civil action. Any person so served may move for the dismissal of the contest upon any of the grounds available for such motion in civil actions under the Rules of Civil Procedure for the Superior Court of Guam. If the Superior Court of Guam grants such motion without prejudice, it may

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CH. 16 WILL CONTESTS

allow the contestant a reasonable amount of time, not exceeding ten (10) calendar days, within which to amend his contest. If the Superior Court of Guam denies such motion, the petitioner and others interested, within ten (10) calendar days after the receipt of written notice of such denial, may jointly or separately answer the contest.

SOURCE: California Probate Code, § 370 (as amended); Guam Law Revision
Commission.

COMMENT: The only substantive changes from § 370 of the Probate Code of Guam (1970) are the elimination of specific authorization for service of the citation by publication (although such service may still be possible if publication is one of the manners of service “”…provided by law for the service of a summons in a civil action””); and the substitution of a motion to dismiss under the Rules of Civil Proce- dure — i.e., Rule 12(b) — for the demurrer which was provided for in § 370 of the Probate Code of Guam (1970).