15 Guam Code Ann. § 2389
Terms Used In 15 Guam Code Ann. § 2389
- Contract: A legal written agreement that becomes binding when signed.
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probate: Proving a will
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
2387 of this Title and any objections thereto that may have been filed or presented; and if the Superior Court is satisfied that the conveyance or transfer should be made, it shall make an order authorizing and directing the personal representative to execute the same to the party entitled thereto. If the transaction relates to real property, a certified copy of the order referred to in this Section shall be recorded with the deed in the Department of Land Management of the Government of Guam.
SOURCE: Probate Code of Guam (1970), § 852.
COL120106
15 Guam Code Ann. ESTATES AND PROBATE
CH. 23 PERSONAL REPRESENTATIVE’S DEALINGS WITH ESTATE PROPERTY
§ 2391. Conveyance to Complete Contract: Effect of Order; Possession; Execution of Conveyance.
The order referred to in Section 2389 of this Title shall be prima facie evidence of the correctness of the proceedings and of the authority of the personal representative to make the conveyance or transfer; and after its entry the person entitled thereunder has a right to the possession of the property, and to hold the same according to the terms of the order as if the same had been conveyed or transferred in accordance with the terms of the order. The personal representative must nevertheless execute the conveyance or transfer according to the directions of the order, and the Superior Court may enforce its execution by process. The convey- ance or transfer of the personal representative shall pass title to the property as fully as if the decedent had executed it while living.
SOURCE: California Probate Code, § 853 (as amended).
§ 2393. Exchange of Estate Property: Authorization; Petition; Notice; Hearing.
Whenever it shall appear to be to the advantage or best interests of the estate to exchange any property of the decedent for other property, the Superior Court may authorize such exchange, upon such terms and conditions as it may prescribe, which may include the payment or receipt of part cash by the personal representative, upon the petition of the personal representative or of any person interested in the estate, and after notice of the hearing has been given in the manner provided in Section
3401 of this Title.
SOURCE: California Probate Code, § 860 (as amended through 1939).
———-
COL120106