) If the homestead selected by the husband and wife, or either of them, during their coverture, and recorded while both were living, was selected from the community property, or from property to which Section
1101 of this Title is applicable, or from the separate property of the person selecting or joining in the selection of the same, it vests, on the death of either spouse, absolutely in the survivor.

COL120106
15 Guam Code Ann. ESTATES AND PROBATE
CH. 24 SUPPORT OF FAMILY: HOMESTEAD AND
EXEMPT PROPERTY, FAMILY ALLOWANCE
(b) If the homestead was selected from the separate property of the decedent, the decedent not having joined therein, it vests, on death, in the decedent’s heirs or devisees, subject to the power of the Superior Court to set it apart for a limited period to the family of the decedent, as provided in Section 2409 of this Title.
(c) No homestead referred to in subsections (a) or (b) of this Section is subject to the payment of any debt or liability existing against the spouses or either of them, at the time of the death of either, except as provided in the Civil Code of Guam.

SOURCE: Probate Code of Guam (1970), § 663; California Probate Code, § 663 (as amended); Guam Law Revision Commission.

COMMENT: Apart from minor wording changes and the use of subsections, the only substantive change to § 663 of the Probate Code of Guam (1970) is the addi-
tion of language concerning Aquasi-community property@ — i.e., the language
concerning § 1101. The purpose of §§ 2405 and 2407 is to grant absolute title in previously declared homesteads to the surviving family, if the homestead was
selected from community property, Aquasi-community@ property or the separate
property of the person who made the selection or joined in the selection. By the operation of these Sections, such property is not part of the probate estate; in effect, these Sections convert previously homesteaded property into something very much like property held in joint tenancy. Moreover, property so passed to surviving family is exempt from execution, unless — as provided in the Civil Code — the property is encumbered. If, on the other hand, previously declared homestead property was selected from the decedent’s separate property without the decedent’s consent, then the property vests in the decedent’s heirs or devisees (depending on whether the decedent died testate or intestate), subject to the power of the court to set it aside in any event to the decedent’s family for a limited period of time, as provided elsewhere in this Chapter. But in either case, where there was a previously declared homestead, where the proper person petitions for a homestead after the decedent’s death and where the court grants such a homestead, the homestead property is exempt from the payment of the decedent’s debts — except, again, as provided in the Civil Code as to encumbered property.

§ 2407. Appraisement of Previously Selected Homestead; Excess Over Homestead Exemption; Appraiser’s Report; Appointment of New Appraiser; Notice and Hearing.
(a) If the homestead selected, designated and recorded prior to the decedent’s death is returned in the inventory appraised not over the amount of the homestead exemption as provided in the Civil Code of Guam, and in effect at the time of the decedent’s death, or was previously appraised as provided in the Civil Code of Guam and such appraised value did not exceed that amount, the Superior Court shall order it set aside to the persons in whom title is vested by Section 2405 of this Title.

COL120106
15 Guam Code Ann. ESTATES AND PROBATE
CH. 24 SUPPORT OF FAMILY: HOMESTEAD AND
EXEMPT PROPERTY, FAMILY ALLOWANCE
(b) If the homestead selected, designated and recorded prior to the decedent’s death is returned in the inventory appraised at more than the amount of the homestead exemption as provided in the Civil Code of Guam, and in effect at the time of the decedent’s death, the appraiser must, before he makes his return, ascertain and appraise the value of the homestead at the time the same was selected.
(c) If the appraised value of the homestead at the time the same was selected, as referred to in subsection (b) of this Section, exceeds the amount of the homestead exemption as provided in the Civil Code of Guam, and in effect at the time of the decedent’s death, the appraiser must determine whether the premises can be divided without material injury.
(1) If the appraiser finds that the premises can be thus divided, he must admeasure and set apart to the parties entitled thereto such portion of the premises, including the dwelling house, as will equal in value the amount of the homestead exemption as provided in the Civil Code of Guam, and in effect at the time of the decedent’s death, and make report thereof to the Superior Court of Guam, giving an exact description of the portion set apart as a homestead.

(2) If the appraiser finds that the premises cannot be so divided without material injury, he must report such finding to the Superior Court, and thereafter the Superior Court may make an order for the sale of the premises and the distribution of the proceeds to the parties entitled thereto.
(d) When the report of the appraiser, as referred to hereinabove, is filed, the Clerk of the Superior Court shall set the same for hearing, and notice thereof shall be given in the manner provided in Section 3401 of this Title. If the Superior Court is satisfied that the report is correct, it must be confirmed, otherwise rejected. In case the report is rejected, the Superior Court may appoint a new appraiser to examine and report upon the homestead, and similar proceedings may be had for the confirmation or rejection of such new appraiser’s report, as upon the first report.

SOURCE: Subsection (a): Probate Code of Guam (1970), § 664. Subsection (b): Id. Subsection (c): Probate Code of Guam (1970), §§ 664, 665. Subsection (d): California Probate Code, § 666 (as amended).

COMMENT: See Comment to § 2405, supra.

COL120106
15 Guam Code Ann. ESTATES AND PROBATE
CH. 24 SUPPORT OF FAMILY: HOMESTEAD AND
EXEMPT PROPERTY, FAMILY ALLOWANCE