; Time; Contents.
A claim may be filed by the surviving spouse, or by the personal representative or guardian of the estate of the surviving spouse, for the payment of the debts of the deceased spouse described in Section 1009 of this Title. Such claim must be filed prior to the filing of a petition for final distribution. It shall set forth the reason why the debts are not barred by subsection (b) of Section 1009 of this Title and a statement whether the debts remain unpaid or have been paid by the surviving spouse. If the surviving spouse is personally liable for the debts, the claim shall also include an inventory of the separate property of the surviving spouse and any community property administered in the estate and a statement of the value of the property less the amount of the liens and encumbrances upon the property as of the date of death of the deceased spouse. The statement may identify any property which is exempt from execution.
SOURCE: California Probate Code, § 704.2.

COMMENT: Section 704.2 was added to the California Probate Code in 1975, as part of the ACommunity Property Set-Aside Law.@ Its purpose is to allow the
surviving spouse to recover from the deceased spouse’s estate any of the deceased spouse’s debts which are chargeable against the community property, for which the surviving spouse is personally liable (see § 1009(a).) Note that the California statute permits a claim to be filed by the conservator of the surviving spouse’s property. Guam law currently contains no conservatorship provisions; if conservatorship provisions are enacted in Guam, however, § 2513 should be amended accordingly. Also see Comment to § 2515, infra.

§ 2515. Debts of Surviving Spouse; Liability of Community
Property; Claims; Contents.
If any community property is administered in the estate, the surviving spouse or the personal representative or guardian of the estate of the surviving spouse may file a claim against the estate for the payment of the debts of the surviving spouse for which the community property is liable. Such claim must be filed prior to the filing of a petition for final distribution. It shall include a statement whether the debts remain unpaid or have been paid by the surviving spouse. It shall also include an inventory of the separate property of the surviving spouse and

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15 Guam Code Ann. ESTATES AND PROBATE
CH. 25 PRESENTATION AND PAYMENT OF CLAIMS AGAINST THE ESTATE

any community property not administered in the estate and a statement of the value of the property less the amount of the liens and encumbrances upon the property as of the date of death of the deceased spouse. The statement may identify any property which is exempt from execution.

SOURCE: California Probate Code, § 704.4.

COMMENT: Section 704.4 of the California Probate Code was added in 1975, as part of the ACommunity Property Set-Aside Law.@ Its purpose — analogous to that
of § 2513, supra — is to allow the surviving spouse to recover from the deceased spouse’s estate any of the surviving spouse’s debts for which the community
property is liable (see § 1009(a), supra.) For a detailed analysis of the ACommunity
Property Set-Aside Law,@ see ACalifornia Probate of Community Property: The
Final Picture Emerges,@ by Arnold D. Kahn and Paul N. Frimmer (1975), 50 So.
Bar J. 260. Also see Comment to § 2513, supra.

§ 2517. Claims; Affidavits; Contingent Claims; Claims Not Due; Vouchers.
Every claim which is due, when filed or presented, must be supported by the affidavit of the claimant or some one on the claimant’s behalf, that the amount is justly due, that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of the affiant. If the claim is not due when filed or presented, or is contingent, the particulars of the claim must be stated. When the affidavit is made by a person other than the claimant, such person must set forth in the affidavit the reason therefor. The personal representative may also require satisfactory vouchers or proof to be produced in support of the claim. If the claimant leaves any original voucher in the hands of the personal representative, or suffers the same to be filed with the Clerk of the Superior Court, the claimant may withdraw the same, when a copy thereof has been already, or is then, attached to his claim.

SOURCE: Probate Code of Guam (1970), § 705.