The term personal representative, as used in this Chapter, shall mean the executor, the administrator with the will annexed, or the administrator of a decedent’s estate, as the case may be.

SOURCE: Guam Law Revision Commission.

COMMENT: The provisions of Chapter 22 apply equally to executors, administrators with the will annexed, and administrators. This being the case, using the term personal representative in the context of Chapter 22 saves verbiage without sacrificing meaning. Note, however, that the provisions of Chapter 22 do not apply to special administrators.

§ 2203. Authority of Remaining Personal Representatives Where
One or More Absent or Disqualified; Court Order; Majority Rule.

When two or more personal representatives have been appointed and one or more of them are absent from the territory of Guam, or legally disqualified from serving, the act of the other or others shall be effectual for all purposes. If it appears upon any hearing that one or more of the personal representatives were absent from the territory of Guam or legally disqualified from serving, the Superior Court of Guam may so find in its order or judgment and such finding shall be conclusive of the authority of those acting. When there are more than two personal representatives, the act of a majority of them is valid.

SOURCE: Probate Code of Guam (1970), § 570.

§ 2205. Acquisition of Decedent‘s Estate; Custody of Property; Limitations on Possession of Property; Interests in Actions by and Against Heirs and Devisees of Real Property; Delivery of Real Property to Heirs and Devisees.

(a) Except as otherwise provided in Section 2207 of this Title, the personal representative shall take into his possession all the estate of the decedent, real and personal, and collect all debts due to the decedent or to the estate; and the personal representative is entitled to the possession of all the real and personal property of the decedent, and to receive the rents, issues and profits thereof until the estate is settled or until

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delivered over by order of the Superior Court of Guam to the heirs, devisees or legatees.

(b) The personal representative must keep in good tenantable repair all houses, buildings and fixtures thereon which are under his control.

(c) Notwithstanding the provisions of subsection (a) of this Section, after the time to file or present claims has expired the personal representative is not entitled to recover the possession of any property of the estate from any heir who has succeeded to the property in such heir’s possession, or from any devisee or legatee to whom the property has been devised or bequeathed, or from the assignee of any such heir, devisee or legatee, unless the personal representative proves that the same is necessary for the payment of debts or legacies, or of the expenses of administration already accrued, or for distribution to some other heir, devisee or legatee entitled thereto.

(d) Any of the heirs or devisees may themselves, or jointly with the personal representative, institute and maintain an action for the possession of the real property, or for the purpose of quieting title to the same, against any one except the personal representative, but they are not required to do so.

(e) When the time to file or present claims has expired, the personal representative must deliver possession of the real property to the heirs or devisees, unless the income therefrom for a longer period, or a sale thereof, is required for the payment of the debts of the decedent.

SOURCE: Subsection (a), first sentence: Probate Code of Guam (1970), § 571. Subsection (a), second sentence: Probate Code of Guam (1970), § 581. Subsection (b): Probate Code of Guam (1970), § 581. Subsection (c): Probate Code of Guam (1970), § 581. Subsection (d): Probate Code of Guam (1970), § 581. Subsection (e): Probate Code of Guam (1970), § 582.

COMMENT: Section 2205 brings together all provisions of prior law concerning the personal representative’s rights and duties in terms of the decedent’s property, except for the decedent’s partnership property (which is covered in § 2207, infra.) No substantive changes have been made to the prior law.

§ 2207. Decedent’s Partnership Property; Continuing Decedent’s
Business; Partnerships; Operation.

(a) Unless otherwise ordered by the Superior Court of Guam pursuant to subsection (b) of this Section, when a partnership existed between the decedent and any other person at the time of the decedent’s

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death, the surviving partner has the right to continue in possession of the partnership, and settle its business, but the interest of the decedent in the partnership shall be included in the inventory of the property in the decedent’s estate, and be appraised as other such property. The surviving partner shall settle the affairs of the partnership without delay, and account to the personal representative, and pay over to the personal representative such balances as may from time to time be payable to the personal representative, in right of the decedent. Upon application of the personal representative, the Superior Court of Guam, whenever it appears necessary, may order the surviving partner to render an account, and in case of neglect or refusal may, after notice, compel it by attach- ment; and the personal representative may maintain against the surviving partner any action which the decedent could have maintained.

(b) After notice to all persons interested in the estate, given in such manner as may be directed by the Superior Court of Guam, the Superior Court of Guam may authorize the personal representative to do the following:

(1) To continue the operation of the decedent’s business, other than a business operated by a partnership in which the decedent was a partner, to such an extent and subject to such restrictions as the Superior Court of Guam may determine to be for the best interests of the estate and those interested therein; and

(2) To continue as a partner in any partnership in which the decedent was a partner at the time of death (unless inconsistent with the terms of any written partnership agreement executed by all of the partners prior to the decedent’s death), with all the rights, powers, duties and obligations provided in the written partnership agreement, subject, however, to the written approval of all the surviving partners, and to such restrictions as the Superior Court of Guam may determine to be for the best interests of the estate and those interested therein; or, in the absence of such a written partnership agreement, and subject to the written consent of all of the surviving partners, with all the rights, powers, duties and obligations which the Superior Court of Guam may specify. The personal representative may be authorized to act as a general partner only if the decedent was a general partner at the time of death, and as a limited partner where the decedent at the time of death was

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either a general partner or a limited partner, as Alimited partner@ is defined in 18 Guam Code Ann. § 27101.

SOURCE: Subsection (a): California Probate Code, § 571 (as amended). Subsection (b): California Probate Code, § 572 (as amended).

COMMENT: Section 2207 brings together all necessary provisions concerning the personal representative’s continuing the decedent’s business, particularly if that business was a partnership. Prior Guam law did not allow the personal representative to continue a decedent’s partnership business, except perhaps by implication from § 572 of the Probate Code of Guam (1970). The Commission is, however, of the opinion that some provision ought to be made so that partnerships will not be adversely affected by the death of one of the partners. Note that the personal representative’s ability to step into the decedent’s shoes as a partner is quite limited, in two ways: first, it always requires the written approval of all of the surviving partners; second, it is always under the general supervision of the Superior Court of Guam. As to the reference to § 2477 of the Civil Code (wherein Alimited partner@ is defined,) note that this language will have to be amended upon the passage of the ABusiness Regulations@ Title of the revised Guam Codes Annotated, as that new Title will contain the definition now contained in Civil Code § 2477.

NOTE: Pursuant to the authority granted by 1 Guam Code Ann. § 1606, the reference to the
Government Code was altered to reflect its codification in the GCA.