person succeeding, by purchase or otherwise, to the interest of a surviving spouse in a homestead which has been declared in the lifetime of the decedent, shall have the same right to apply to the Superior Court for an order setting aside the homestead to him as is conferred by law on the person whose interest he has acquired.
SOURCE: Probate Code of Guam (1970), § 668.

§ 2415. Family Allowance: Right to Allowance; Preference in
Payment; Time of Commencement.
The decedent’s surviving spouse, minor children, and adult children who are physically or mentally incapacitated from earning a living and were actually dependent in whole or in part upon the decedent for support, are entitled to such reasonable allowance out of the estate as shall be necessary for their maintenance according to their circumstances, during the progress of the settlement of the estate, which, in case of an insolvent estate, must not continue longer than one (1) year after granting letters. Such allowance must be paid in preference to all other charges, except funeral charges, expenses of the last illness and expenses of administration, and may, in the discretion of the Superior Court, take effect from the time of the decedent’s death.
SOURCE: California Probate Code, § 680 (as amended).

COMMENT: The only difference between § 680 of the Probate Code of Guam and the amended version of § 680 of the California Probate Code is that the California version adds decedent’s adult children who are incapable of earning a living and were dependent on the decedent, as people who are entitled to a family allowance. Given the underlying purpose of Chapter 24 — to allow the family unit to continue to function as normally as possible after the decedent’s death — such a provision seems only fair.

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