15 Guam Code Ann. § 2409
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Terms Used In 15 Guam Code Ann. § 2409
- Decedent: A deceased person.
- Probate: Proving a will
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Statute: A law passed by a legislature.
) If no homestead has been selected, designated and recorded, or in case the homestead was selected by the surviving spouse out of the separate property of the decedent, the decedent not having joined therein, the Superior Court of Guam, on petition therefor and in the manner hereinafter provided, must select, designate and set apart and cause to be recorded a homestead for the use of the surviving spouse and minor children, or, if there be no surviving spouse, then for the use of the minor child or children. Such homestead selected, designated and set apart and caused to be recorded by the Superior Court may be referred to as a
Aprobate homestead.@
(b) The Aprobate homestead@ referred to in subsection (a) of this Section shall be selected, designated and set apart out of the community property, or out of property to which Section 1101 of this Title is applicable, or out of real property owned in common by the decedent and the person or persons entitled to have the homestead set apart; or, if there be no community property, or no property to which Section 1101 of this Title is applicable, or no real property owned in common by the decedent and the person or persons entitled to have the homestead set apart, then out of the separate property of the decedent.
(c) If the Aprobate homestead@ selected, designated and set apart under the provisions of this Section is the separate property of the decedent, the Superior Court can set it apart only for a limited period, to be designated in the order, and in no case beyond the lifetime of the surviving spouse, or, as to a child, beyond its minority; and, subject to such homestead right, such property remains subject to administration.
Aprobate homestead.@
(b) The Aprobate homestead@ referred to in subsection (a) of this Section shall be selected, designated and set apart out of the community property, or out of property to which Section 1101 of this Title is applicable, or out of real property owned in common by the decedent and the person or persons entitled to have the homestead set apart; or, if there be no community property, or no property to which Section 1101 of this Title is applicable, or no real property owned in common by the decedent and the person or persons entitled to have the homestead set apart, then out of the separate property of the decedent.
(c) If the Aprobate homestead@ selected, designated and set apart under the provisions of this Section is the separate property of the decedent, the Superior Court can set it apart only for a limited period, to be designated in the order, and in no case beyond the lifetime of the surviving spouse, or, as to a child, beyond its minority; and, subject to such homestead right, such property remains subject to administration.
SOURCE: California Probate Code, § 661 (as amended through 1957); Guam Law
Revision Commission.
COMMENT: Sections 2409 and 2411 cover the so-called Aprobate homestead.@ Like the declared homestead, this type of homestead is purely a creature of statute, and exists for precisely the same purposes as the declared homestead. Note that, as
before, the court has no discretion as to whether to grant a Aprobate homestead@;
once the proper petition is filed, the court must select a homestead for the surviving family.