) Any of the following may be appointed to serve as executors: (1) Natural persons;
(2) Territorial banks which are authorized by their charters to exercise trust powers and which have qualified to act as fiduciaries

COL120106
15 Guam Code Ann. ESTATES AND PROBATE
CH. 17 APPOINTMENT OF EXECUTORS AND OF
ADMINISTRATORS WITH THE WILL ANNEXED
pursuant to the provisions of Part C of Chapter I of Article III of Title XXXI (being Sections 30200 through 30204, inclusive) of the Government Code of Guam;

(3) State or national banks which
(i) have received the approval of the Commissioner of Banking to establish an office in the territory of Guam and to engage in the business of banking in the territory of Guam,
(ii) are conducting a domestic banking business in the territory of Guam,

(iii) are authorized by their charters to exercise trust powers, and

(iv) have qualified to act as fiduciaries pursuant to the provisions of Part C of Chapter I of Article III of Title XXXI (being Sections 30200 through 30204, inclusive) of the Government Code of Guam;

(4) Trust companies which are not banks, which have qualified to act as fiduciaries under the laws of the territory of Guam.

(b) If the sole executor or all the executors named in the will are dead, neither their executors nor any of them shall be appointed to serve as the first testator‘s executor merely because of their position, or that of any of them, as executors of the first testator’s executor.
(c) No natural person is competent to serve as an executor who: (1) is under the age of majority;
(2) is not a resident of the territory of Guam;
(3) is not physically present in the territory of Guam;

(4) has been convicted of a felony, unless the Superior Court of Guam is satisfied that such person is competent to execute the duties of the trust; or

(5) is adjudged by the Superior Court of Guam incompetent to execute the duties of the trust by reason of drunkenness, improvi- dence, or want of understanding or integrity.
(d) The letters of any natural person appointed to serve as an executor may, in the discretion of the Superior Court of Guam, be revoked if during the course of the administration such executor

COL120106
15 Guam Code Ann. ESTATES AND PROBATE
CH. 17 APPOINTMENT OF EXECUTORS AND OF
ADMINISTRATORS WITH THE WILL ANNEXED
(1) ceases to be a resident of the territory of Guam,

(2) ceases to be physically present in the territory of Guam, or
(3) is adjudged by the Superior Court of Guam incompetent to execute the duties of the trust by reason of drunkenness, improvi- dence, or want of understanding or integrity.

SOURCE: Subsection (a): Guam Law Revision Commission. Subsection (b): Probate Code of Guam (1970), § 406; Guam Law Revision Commission. Sub- section (c): Probate Code of Guam (1970), § 401; Guam Law Revision Commission. Subsection (d): Guam Law Revision Commission.

COMMENT: The Commission has added subsection (a), which defines precisely who may be appointed to be an executor. This was never specifically delineated in the Probate Code of Guam (1970). The Commission’s intention is that natural persons who are competent under the provisions of subsection (c), local banks which are qualified to do trust business, national and state banks which are doing domestic business in Guam, and local trust companies which are not banks (if any), may serve as executors. The Commission has added to subsection (b) the provision that executors of executors, as such, are not entitled to appointment as executors of the first testator’s estate. It has also altered subsection (c), to provide that nonresidents of Guam and persons not physically present in Guam are not
competent to serve as executors; it has changed the term Aan infamous crime@
(which appeared in § 401 of the Probate Code of Guam (1970)) to Aa felony,@ and
added the language following the comma in subsection (c)(4); and it has deleted the last sentence of prior § 401 in light of Public Law 14-28. Finally, it has added subsection (d), the intention of which is to provide that natural persons appointed as executors must remain residents of Guam, physically present in Guam, and otherwise competent to execute the duties of the trust, during the course of the administration. Note that the qualifications set forth in § 1701 as to executors — both at the time of appointment and during the course of the administration — also apply to administrators with the will annexed (see § 1725(d),) and to administrators (see § 1801.) Also see Comment to § 1709, infra.