In actions by or against personal representatives, it is not necessary to join those as parties to whom letters were granted but not issued.

SOURCE: Probate Code of Guam (1970), § 577; Guam Law Revision
Commission.

COMMENT: Section 577 of the Probate Code of Guam read, in applicable part, A… to whom letters were ordered issued but who have not qualified.@ The Commission has altered this language to cause § 2213 to comport with other Sections of this Title.

§ 2215. Obligations Due Decedent; Discharge and Compromise; Renewal and Modification; Wrongful Death or Personal Injury of Decedent; Compromise and Settlement of Claims; Procedure.

(a) If a debtor of the decedent is unable to pay all his debts, the personal representative may, with the approval of the Superior Court of Guam obtained pursuant to the provisions of subsection (c) of this Section, give such debtor a discharge, upon such terms as may appear to the Superior Court of Guam to be for the best interest of the estate. A compromise, including the compromise of any claim of the estate against the United States or the territory of Guam, or any agency or instru- mentality of either, may also be authorized by the Superior Court of

COL372014
15 Guam Code Ann. ESTATES AND PROBATE
CH. 22 POWERS AND DUTIES OF EXECUTORS, ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS

Guam when it appears to be just and for the best interest of the estate; provided, that such authorization must be obtained pursuant to the provisions of subsection (c) of this Section. The Superior Court of Guam may also authorize the personal representative, on such terms and conditions as may be approved by the Superior Court of Guam, to extend or renew, or in any manner modify the terms of, any obligation running in favor of the decedent or the decedent’s estate, provided, that such authorization and approval must be obtained pursuant to the provisions of subsection (c) of this Section.

(b) A personal representative shall have power, with the approval of the Superior Court of Guam obtained pursuant to the provisions of subsection (c) of this Section, to compromise and settle all claims or rights of action given to such personal representative by any law for the wrongful death or injury of the decedent, including any action brought by such personal representative in attempting enforcement thereof. Such power shall include the giving of a covenant not to sue.

(c) To obtain the approval or authorization referred to hereinabove in this Section, the personal representative shall file in the Superior Court of Guam a verified petition, showing the advantage of the settlement, compromise, extension, renewal or modification (in the case of an approval or authorization required by the provisions of subsection (a) of this Section), or showing the amount of money proposed to be paid (in the case of an approval required by the provisions of subsection (b) of this Section.) The Clerk of the Superior Court of Guam shall set the petition for hearing, and notice thereof shall be given in the manner provided in Section 3401 of this Title.

SOURCE: Subsection (a): California Probate Code, § 578 (as amended). Subsection (b): California Probate Code, § 578a. Subsection (c): Id.; Guam Law Revision Commission.

COMMENT: See Comment to § 1515, supra, concerning the revised notice provisions contained in this Title.

§ 2217. Deposit of Estate Funds in Bank or Savings and Loan
Association.

A personal representative may deposit any money belonging to the estate with one or more banks licensed to do business in the Territory of Guam, or invest any such money in an account or accounts in one or more insured savings and loan associations licensed to do business in the

COL372014
15 Guam Code Ann. ESTATES AND PROBATE
CH. 22 POWERS AND DUTIES OF EXECUTORS, ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS

Territory of Guam, whereupon the personal representative shall be discharged from further care or responsibility therefor until the money is withdrawn by the personal representative. Unless such money is so deposited or invested pursuant to an order by the Superior Court of Guam, under the provisions of Subchapter B of Chapter 20 of this Title or otherwise, it may be withdrawn without order of the Superior Court of Guam. The term Aaccount or accounts in one or more insured savings and loan associations,@ as used in this Section, shall have the same meaning as the term Aaccount in an insured savings and loan association@ in Section 2009(c) of this Title.

SOURCE: Probate Code of Guam (1970), § 585; California Probate Code, § 585.

COMMENT: The only substantive change made to § 585 of the Probate Code of Guam (1970) is the addition of savings and loan associations; the prior statute allowed deposit of estate funds only into banks. It should be noted that § 2217 is intended to apply to funds coming to the estate after the court has made its order for security for the faithful performance of the personal representative’s trust — i.e., to funds not covered by such order — as funds already in the estate at the time of such order will presumably have been covered by such order, and thus will not be in the purview of § 2217.