Notwithstanding the provisions of Sections 2217 and 2219 of this Title, the Superior Court of Guam on the petition of the personal representative may from time to time instruct and direct the personal representative as to the administration of the estate and the disposition, management, operation, investment, care, protection or preservation of the estate or any property thereof. The Clerk of the Superior Court of Guam shall set such petition for hearing, and notice thereof shall be given in the manner provided in Section 3401 of this Title.

SOURCE: California Probate Code, § 588; Guam Law Revision Commission.

COMMENT: The California Probate Code contains a number of provisions touching the personal representative’s powers to invest the estate’s property, give options, pick up options, etc., which the Commission does not feel are appropriate or necessary in Guam. Under §§ 2217 and 2219, supra, the personal representative may deposit estate funds in a bank or savings and loan association (§ 2217), or invest estate funds in United States securities (§ 2219); the Commission feels that these options should be sufficient in the great majority of cases. Section 2221 merely gives the personal representative the flexibility to petition the Superior Court for further guidance and direction as to what might be done with the estate’s property. The Superior Court of Guam, in its role as the overseer of all estates, retains the power to approve or deny any such plan of the personal representative, while maintaining firm control over the estate and its property.

§ 2223. Dedication for Streets or Highways, Easements, Access
Rights; Petition; Notice; Order.

Whenever it is for the advantage, benefit and best interest of the estate and those interested therein, the personal representative may, either with or without consideration, dedicate or convey any real property of the estate or interest therein to the territory of Guam, or to the United States of America, or to any agency or instrumentality of either, for street or highway purposes or for any other purpose; or dedicate or convey an easement over any real property of the estate to the territory of Guam or any agency or instrumentality thereof, or to any person, firm, association, or public or private corporation, or to the United States of America or any agency or instrumentality thereof; or convey, release or relinquish to the territory of Guam or any agency or instrumentality thereof any access rights to any street or highway from any real property of the estate. Any

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such act of the personal representative shall be based upon the petition of the personal representative or any person interested in the estate. The Clerk of the Superior Court of Guam shall set such petition for hearing, and notice thereof shall be given in the manner provided in Section 3401 of this Title.

SOURCE: California Probate Code, § 587 (as amended); Guam Law Revision
Commission.

§ 2225. Personal Representative Not to Purchase Claims Against Estate; All Sales of Estate Property to Personal Representative Subject to Confirmation; Credit in Accounts for Claims Paid for Less Than Full Amount.

(a) No personal representative may purchase any claim against the estate, directly or indirectly, or be interested in any such purchase.

(b) The personal representative may purchase property of the estate; provided, that all applicable provisions of Chapter 23 of this Title, except the exemption set forth in the first sentence of Section 2315(a) of this Title, shall apply to sales of estate property to the personal representative.

(c) If the personal representative pays any claim for less than its full amount he may have credit in his accounts only for the amount actually paid.

SOURCE: Subsections (a) and (c): Probate Code of Guam (1970), § 583. Subsection (b): Guam Law Revision Commission.

COMMENT: Section 583 of the Probate Code of Guam (1970) prohibited the personal representative from purchasing any property of the estate. The Commis- sion is of the opinion that there is no legitimate reason for this absolute prohibition, so long as the Superior Court of Guam must confirm all such sales. The Commis- sion has thus added subsection (b), which provides that every sale of estate property to the personal representative — even of property whose sale would not re- quire confirmation by the court under Chapter 23 — must be confirmed by the Superior Court of Guam.