) Whenever the Superior Court of Guam has reason to believe, whether from its own knowledge or from credible information received, that the personal representative or all co-personal representatives
(1) have become incompetent to execute the duties of the trust by reason of ceasing to be residents of the territory of Guam, or

(2) have become incompetent to execute the duties of the trust by reason of ceasing to be physically present in the territory of Guam, or

(3) have become incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want or understanding or integrity, or

(4) have wasted, embezzled or mismanaged the property of the estate committed to their charge, or
(5) are about to waste or embezzle the property of the estate committed to their charge, or
(6) have wrongfully neglected the estate, or

(7) have for a period of one (1) year neglected to perform any act as such personal representatives, the Superior Court shall direct

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the Clerk of the Superior Court to set the time and place of a hearing thereon, which hearing shall be held not more than thirty (30) days thereafter, and the Superior Court of Guam shall cite such personal representative, or all such co-personal representatives, then and there to appear and show cause why their letters should not be revoked.
(b) Personal service of the citation provided in subsection (a) of this Section shall be made upon such personal representative, or upon all such co-personal representatives, by the Office of the Marshal of the Superior Court of Guam; provided, that if after due diligence by the Office of the Marshal of the Superior Court of Guam such personal representative or all such co-personal representatives cannot be found, or if they conceal themselves, or if they have absconded, or if they are not physically present in the territory of Guam, notice of the pendency of the proceedings may be given to those upon whom such personal service cannot be effected by publication, in such manner as the Superior Court of Guam may direct, and the Superior Court of Guam may proceed upon such notice as if such citation had been personally served. Notice of the hearing provided in subsection (a) of this Section shall also be given in the manner provided in Section 3401 of this Title.

(c) The Superior Court of Guam may suspend the powers of such personal representative, or of all such co-personal representatives, pending the hearing provided in subsection (a) of this Section; provided, that if such personal representative or all such co-personal represen- tatives cannot be found after due diligence by the Office of the Marshal of the Superior Court of Guam, or if they conceal themselves, or if they have absconded, or if they are not physically present in the territory of Guam, the Superior Court of Guam shall suspend their powers pending the hearing provided in subsection (a) of this Section.

(d) (1) Any person interested in the estate may appear at the hearing provided in subsection (a) of this Section and file allegations in writing, showing that the letters of such personal representative or of all such co-personal representatives should be revoked. Such personal representative, or all such co- personal representatives, shall answer any such allegations, and the issues shall be heard and determined by the Superior Court.

(2) Any person interested in the estate may, at any time prior to the hearing provided in subsection (a) of this

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Section, file in the Superior Court a petition praying that letters of administration with the will annexed or letters of administration be granted to the petitioner. Such petition shall allege why the letters of the existing personal representative, or of all existing co-personal representatives, should be revoked, and shall show that the petitioner is competent to serve as an administrator with the will annexed or as an administrator (as the case may be) pursuant to the provisions of Section 1701 or of Section 1801 of this Title. The existing personal representative, or all existing co-personal representatives, shall at the hearing provided in subsection (a) of this Section answer any allegations contained in such petition which touch upon the reasons for the revocation of their letters, and the issues shall be heard and determined by the Superior Court.

(e) If the personal representative fails to appear in obedience to the citation provided in subsection (a) of this Section, or if he appears and the Superior Court is satisfied from the evidence that cause exists for his removal, his letters shall be revoked. The Superior Court may compel his attendance by attachment, and compel him to answer questions, on oath, touching his administration, and, upon his refusal to do so, may commit him to jail until he obeys, or may revoke his letters, or both. If the petition provided in subsection (d)(2) of this Section has been filed, and the Superior Court finds at the hearing provided in subsection (a) of this Section that the petitioner is qualified to serve as personal representative pursuant to the provisions of Section 1701 or of Section 1801 of this Title, as the case may be, the Superior Court shall grant letters of administration with the will annexed or letters of administration, as the case may be, to the petitioner.

CROSS-REFERENCES: Subsections (a), (b) and (c): Probate Code of Guam (1970), § 521; Guam Law Revision Commission. Subsection (d)(1): Probate Code of Guam (1970), § 522. Subsection (d)(2): Guam Law Revision Commission. Subsection (e): Probate Code of Guam (1970), § 523; Guam Law Revision Commission.

COMMENT: Section 2105 brings together all necessary provisions concerning suspension of personal representatives’ powers, and concerning revocation of personal representatives’ letters, for cause. The changes from prior law are: in subsection (a), the delineation of a one-year period for which personal representatives do nothing, as grounds for removal. Previously, no specific time was set forth in the statute. However, in that there is no occasion in which a one- year period can pass, under this Title, without any action whatever on the part of the personal representative, it seems reasonable to allow the Superior Court to

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monitor the actions of personal representatives, and to bring inactive personal representatives into court after such a one-year period of inactivity to determine what the status of the estate is. More detailed service provisions than those con- tained in prior law are included in subsection (b). The language contained therein reflects the language of other service of process provisions in this Title, which was not the case under § 521 of the Probate Code of Guam (1970). The language contained in subsection (c) concerning permissive suspension of personal representatives’ powers pending hearing has been taken from § 522 of the Probate Code of Guam (1970); the language concerning mandatory suspension of those powers has been added by the Commission, in keeping with the principle that personal representatives must be competent so to serve both at the time of appointment and during the course of the administration, and thus the powers of personal representatives who cannot be found for the hearing provided in subsec- tion (a) should be automatically suspended. The Commission has also added subsection (d)(2), the intention of which is to provide that a petition for letters may be filed by a person interested in the estate, and heard simultaneously with an action for the revocation of the existing personal representative’s letters; the underlying notion is to provide a workable procedure for the replacement of incompetent (or otherwise disqualified) personal representatives. The last portion of subsection (e), which has also been added by the Commission, is intended to serve the same purpose.
NOTE: See Official Form No. 2, Appendix AA@.