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Terms Used In 15 Guam Code Ann. § 2529

  • Probate: Proving a will
COL120106
15 Guam Code Ann. ESTATES AND PROBATE
CH. 25 PRESENTATION AND PAYMENT OF CLAIMS AGAINST THE ESTATE

When a claim is filed with the Clerk of the Superior Court of Guam before being presented to the personal representative, it shall be filed in duplicate. The Clerk of the Superior Court of Guam shall immediately deliver personally or send, by registered mail, to the personal repre- sentative, if one has been appointed, or to the personal representative’s attorney, if any, one of the duplicates of the claim. If no personal representative has been appointed at the time a claim is filed with the Clerk of the Superior Court, the Clerk of the Superior Court shall retain both duplicates of the claim until such time as a personal representative is appointed, at which time the Clerk of the Superior Court shall immedi- ately deliver personally or send, by registered mail, to the personal representative or to the personal representative’s attorney, if any, one of the duplicates of the claim. The personal representative must allow or reject the claim, and his allowance or rejection must be in writing and filed with the Clerk of the Superior Court. If the personal representative allows the claim, the Clerk of the Superior Court, immediately after the filing of the allowance, must present the claim and the allowance to a judge of the Superior Court, and at the same time endorse on the claim the date of such presentation. The judge must endorse upon the claim his allowance or rejection, with the date thereof.

SOURCE: California Probate Code, § 710 (as amended); Guam Law Revision
Commission.

COMMENT: The Commission has added to § 710 of the California Probate Code (as amended) the provision concerning the Clerk’s duties if no personal representa- tive has been appointed at the time a claim is presented, in the belief that this situation will arise with some frequency in Guam and that it should therefore be covered specifically by law. Also see § 701 of Title 1 for further provision
concerning what constitutes Aregistered mail.@