) The personal representative, promptly after letters are issued, shall cause to be published in a daily newspaper of general circulation in the territory of Guam a notice to the creditors of the decedent, requiring all persons having claims against the decedent to file them, with the necessary vouchers, in the office of the Clerk of the Superior Court, or to present them, with the necessary vouchers, at the personal representa- tive’s residence or place of business, to be specified in the notice, within sixty (60) calendar days after the first publication of the notice.
(b) The personal representative, promptly after letters are issued, shall make a reasonable investigation as to the identities of the decedent’s creditors. Such investigation shall be completed not more than thirty (30) calendar days after letters have been issued to the personal representative. The personal representative, promptly after the completion of the investigation provided in this subsection, shall send, by registered mail, a copy of the notice to creditors required by subsection (a) of this Section to each creditor of the decedent whom he discovered during the investigation provided in this subsection, noting thereon the last day upon which claims may be filed or presented as provided in subsection (a) of this Section.

(c)(1) A written statement of an amount due from the decedent to a creditor, or a written notice of a debt due from the decedent to a creditor, if

(A) actually received by the personal representative prior to the last day upon which claims may be filed or presented as provided in subsection (a) of this Section, or

(B) sent in the regular course of mail to the decedent, with proper postage affixed and addressed to the decedent’s proper mailing address, postmarked prior to the last day upon which claims may be filed or presented as provided in subsection (a) of this Section, shall be deemed a timely claim against the estate which, if not in proper form for a creditor’s claim as provided in this Chapter, shall be subject to perfection as provided hereinbelow.

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(2) If the statement of amount due or notice of debt referred to in subsection (c)(1) of this Section is not in proper form for a creditor’s claim as provided in this Chapter, the personal representative, promptly after he receives such statement of amount due or notice of debt, shall send, by registered mail, a copy of the notice to creditors required by subsection (a) of this Section to the creditor, and simultaneously notify the creditor

(A) that he is the personal representative upon the estate of the decedent from whom the amount or debt is alleged to be due,

(B) that he has received the statement of amount due or notice of debt,

(C) that the statement of amount due or notice of debt is not in proper form for a creditor’s claim as provided in this Chapter, setting forth the reasons therefor,

(D) that the statement of amount due or notice of debt is deemed a timely claim against the estate, subject to perfection, and

(E) of the manner in which such creditor’s claim may be perfected under the provisions of this Chapter.
(3) A creditor referred to in subsection (c)(2) of this Section may perfect his claim by complying with all applicable provisions of this Chapter concerning the filing or presentation of claims, at any time prior to the order for final distribution has been entered.

(4) The provisions of subsection (c) of this Section shall apply only to creditors whose identities were not ascertained by the personal representative during the investigation required by subsection (b) of this Section.

SOURCE: Subsection (a): Probate Code of Guam (1970), § 700; Guam Law
Revision Commission. Subsections (b) and (c): Guam Law Revision Commission.

COMMENT: Under the Probate Code of Guam (1970), notice to creditors was either published in a newspaper or posted on various public bulletin boards, depending upon the size of the decedent’s estate. Although this bifurcated procedure might have been adequate at the time of the adoption of the Probate Code of Guam in 1953, when the population of Guam was far smaller than it is today, publication of the notice in a newspaper of general circulation is now neces- sary in all cases to ensure that it will be seen by decedents’ creditors.

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As to subsection (b), which has been added by the Commission, the Commission was of the opinion that often a decedent’s creditors — and particularly off-island creditors — might not be aware of the decedent’s death, or that the notice to creditors provided in subsection (a) had been published. The Commission thus felt that the personal representative should be required to investigate the identities of the decedent’s creditors, and mail them copies of the notice to creditors, so that they will be able to file or present their claims in a timely manner. This should not be a great burden on the personal representative, in that during the 30-day period during which he is to investigate the identities of the creditors he should be able to determine (e.g., by inquiry with the decedent’s surviving family, by investigating the records in the Department of Land Management, by examining billing statements mailed to the decedent, etc.) with some particularity who the decedent’s creditors are.

As to subsection (c), the Commission was of the opinion that there might often be creditors of the decedent who send regular statements of account or other notices of debt — e.g., credit-card companies — who might remain unaware of the decedent’s death for a relatively long time after that death. The Commission could see no reason why such creditors, if acting in good faith, should be penalized for their lack of knowledge, and thus has added subsection (c) to provide that such creditors’ statements or notices of debt, if received by the personal representative or mailed to the decedent himself, are to be deemed creditors’ claims, subject to perfection by filing or presenting the necessary vouchers, affidavits, etc.