The testator may, by will, confer to one or more natural persons the power to designate an executor, to designate himself and some other

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natural person coexecutors, or to designate a successor executor or successor coexecutors; and the testator may provide by will that the person or persons so designated may serve without bond or other form of security for the faithful performance of their trust. The designation provided for hereinabove shall be in writing and filed with the Superior Court of Guam. Except as provided in this Section, an executor does not have authority to appoint an executor or coexecutor or successor executor or coexecutor.
SOURCE: California Probate Code, § 403 (as amended).

§ 1707. Absentee or Minor Named as Executor; Appointment of Interim Executor or Administrator With the Will Annexed; Effect of Removal of Disability.
(a) When a natural person who is incompetent to serve as an execu- tor pursuant to the provisions of Section 1701(c) of this Title is named in a will as an executor, and there is another executor named in the will who accepts the trust and qualifies, the latter may be granted letters testamentary and administer the estate until the person formerly incom- petent to serve as executor pursuant to the provisions of Section 1701(c) of this Title becomes competent so to serve, at which time such person may, upon proper petition therefor and in the discretion of the Superior Court of Guam, be granted letters testamentary as a co-executor.

(b) When a natural person who is incompetent to serve as an executor pursuant to the provisions of Section 1701(c) of this Title is named in a will as an executor, and there is no other executor named in the will, letters of administration with the will annexed must be granted; but the Superior Court of Guam may in its discretion revoke such letters when the person formerly incompetent to serve as an executor pursuant to the provisions of Section 1701(c) of this Title becomes competent so to serve, and grant letters testamentary to such person, upon proper petition therefor.

SOURCE: Probate Code of Guam (1970), § 405; Guam Law Revision
Commission.

§ 1709. Executor Who Removes From Guam: Automatic
Appointment of Attorney for Service of Process.
(a) Removal from and residence without Guam by an executor who was formerly a resident, is equivalent to and shall constitute an appointment by such executor of his Guam attorney of record to be his

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true and lawful attorney, upon whom may be served all lawful processes and notices of motion in any action or proceeding against such executor with respect to the estate or founded upon or arising out of his acts or omissions as such executor; provided, that if such executor has no Guam attorney of record, the provisions of subsection (b) of this Section shall apply in lieu of the provisions of this subsection.
(b) Removal from and residence without Guam by an executor who was formerly a resident, and who has no Guam attorney of record, is equivalent to and shall constitute an appointment by such executor of the Attorney General of Guam to be his true and lawful attorney, upon whom may be served all lawful processes and notices of motion in any action or proceeding against such executor with respect to the estate or founded upon or arising out of his acts or omissions as such executor.

(c) The appointments referred to in subsections (a) and (b) of this Section shall be irrevocable for so long as such executor resides without Guam, and shall be binding upon the personal representative of such executor.
(d) As used in this Section, AGuam attorney of record@ means an attorney at law, duly admitted to the practice of law in Guam, who has entered an appearance on behalf of the executor in the matter of the estate of a decedent or otherwise manifested to the satisfaction of the Superior Court of Guam that he represents the executor in such a matter.
SOURCE: California Probate Code, § 405.1; Guam Law Revision Commission.

COMMENT: Section 1701, supra, provides that natural persons must be Guam residents, and physically present in Guam, to be appointed executors. The Commission notes, however, that people move to and from Guam, and is of the opinion that this Title should contain provisions to cover that situation. The Com- mission has therefore adapted for Guam several provisions which were added to California law in 1963 (California Probate Code §§ 405.1 -405.6); § 1709 is the first of these provisions. The underlying notion is to keep probate cases moving forward expeditiously toward their conclusions. Note that under the provisions of § 1701(d), supra, the letters of an executor who removes from Guam may be revoked. Such revocation is not, however, automatic; §§ 1709 through 1715, inclusive, are thus necessary even in light of the provisions of § 1701(d), to cover
the situation wherein the letters of an executor who removes from Guam are not revoked. Also note that the provisions of §§ 1709 through 1715, inclusive, also apply to administrators with the will annexed (see § 1725(d),) and to administrators (see § 1819.)

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15 Guam Code Ann. ESTATES AND PROBATE
CH. 17 APPOINTMENT OF EXECUTORS AND OF
ADMINISTRATORS WITH THE WILL ANNEXED