) Before letters of administration are granted in the first instance, the fact of death and that the decedent died intestate, and that due notice of the hearing has been given pursuant to the provisions of Sections 1815 and 3401 of this Title, must be proved by the evidence of the petitioner or others; and the Superior Court of Guam may also examine any other person concerning the time, place and manner of death, the place of decedent’s residence at the time of death, the character and value of the decedent’s property, and whether or not the decedent left any will; and the Superior Court of Guam may compel any person to attend as a witness for those purposes.

(b) Any person interested in the estate may, at any time prior to the hearing provided in Section 1813 of this Title, oppose a petition for the grant of letters of administration by filing in the Superior Court of Guam written grounds of opposition thereto, challenging the competency of the petitioner or the petitioner’s right to letters of administration, or such person may assert his own right to letters of administration. In the latter case, he must file a petition and the notice required for an original petition (as provided in Sections 1815 and 3401 of this Title) must be given, and the Superior Court of Guam must hear the two petitions together.

SOURCE: Subsection (a): Probate Code of Guam (1970), § 443. Subsection (b): California Probate Code, § 442 (as amended); Guam Law Revision Commission.

COMMENT: Section 1817 brings together provisions concerning what must be proved at the hearing on a petition for letters of administration in the first instance –
– i.e., where no administrator has yet been appointed — (subsection (a),) and provisions concerning contests of such petitions when such contests are filed in cases wherein no administrator has yet been appointed (subsection (b).) No change has been made to § 443 of the Probate Code of Guam (1970), which constitutes subsection (a). As to subsection (b) — which is based on California, and not Guam, law — the only change from prior Guam law is that the grounds for a contest have
been altered somewhat to conform with the California law as it was amended in
1941.
OFFICIAL FORM: See Official Forms Nos. 2 and 3, Appendix AA@.

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15 Guam Code Ann. ESTATES AND PROBATE
Ch. 18 APPOINTMENT OF ADMINISTRATORS

§ 1819. Provisions of Sections 1709 through 1715 Applicable to
Administrators.
The provisions of Sections 1709, 1711, 1713 and 1715 of this Title shall apply to administrators with the same force and effect as those provisions apply to executors.
SOURCE: Guam Law Revision Commission.

COMMENT: It is the Commission’s intention that the same procedural requirements which apply to executors also apply to administrators with the will annexed (see § 1725(d), supra) and to administrators. Section 1819 effectuates that intention.
§ 1821. Provisions of This Chapter Do Not Provide Exclusive
Manner of Appointment of Administrator.
Notwithstanding any provision of this Chapter, the Superior Court of Guam may also grant letters of administration pursuant to the applicable provisions of Chapter 21 of this Title.

SOURCE: Guam Law Revision Commission.

COMMENT: The Commission has added § 1821 to make it clear that a new administrator may be appointed if the original personal representative dies, resigns or becomes incompetent during the course of the administration and his letters are revoked, all as provided for in Chapter 21, infra.

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