) Upon the admission to probate of a will after a grant of letters of administration on the ground of intestacy, or upon the admission to probate of a later will than the one before admitted to probate, the pre- existing grant of letters testamentary, letters of administration with the will annexed, or letters of administration shall be revoked. In such case the personal representative whose grant of authority is thus terminated shall render an account of his administration within such time as the Superior Court of Guam may direct.

(b) The newly appointed personal representative is entitled to demand, sue for, recover and collect all the property of the decedent remaining unadministered, and may prosecute to final judgment any suit commenced by the previous personal representative before the revocation of his letters.
SOURCE: Probate Code of Guam (1970), § 510.

§ 2111. Revocation of Letters Due to Personal Representative’s
Commitment to Jail for Contempt, or to Prison.
Whenever a personal representative is committed to jail for contempt in disobeying an order of any court in the territory of Guam, and has remained in custody for thirty (30) calendar days without obeying such order or otherwise purging himself of the contempt, or whenever a personal representative is convicted of any crime and sentenced to a term of imprisonment in any penal institution, the execution of which sentence of imprisonment is not suspended, the Superior Court of Guam may, by order reciting the facts, and without further showing or notice, revoke his letters and grant letters to some other competent person entitled thereto as personal representative in his stead.

SOURCE: Probate Code of Guam (1970), § 526; Guam Law Revision
Commission.

COMMENT: Under § 526 of the Probate Code of Guam (1970), the only grounds for revocation was the personal representative’s commitment to jail for contempt of court. The Commission has added the provision concerning revocation of letters for the personal representative’s confinement in prison for the conviction of any crime.

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15 Guam Code Ann. ESTATES AND PROBATE
CH. 21 REMOVAL AND SUBSTITUTION OF PERSONAL REPRESENTATIVES

§ 2113. Revocation of Letters for Embezzlement, Waste or
Mismanagement Discovered Upon Settlement of Account.
Notwithstanding the provisions of Section 2115 of this Title, if it appears to the Superior Court of Guam upon the settlement of any account of a personal representative that he has embezzled, wasted or mismanaged the estate, his letters shall be revoked, and the Superior Court of Guam shall grant letters to some other competent person entitled thereto as personal representative in his stead.

SOURCE: Probate Code of Guam (1970), § 524; Guam Law Revision
Commission.

COMMENT: The only changes from § 524 of the Probate Code of Guam (1970) are the addition of the last clause, which appears to be necessary for the orderly administration of estates if a personal representative’s letters are revoked for the reasons set forth in the first clause; and the addition of the language,
ANotwithstanding… Section 2105 of this Title,@ which is intended to indicate that
the provisions of §§ 2113 and 2115 are not mutually exclusive.