all of the debts have been paid by the first order for payment, the Superior Court must direct the payment of legacies and the distribution of the estate among the persons entitled, as provided in Chapter 30 of this Title; but if there are debts remaining unpaid, or if, for other reasons, the estate is not in a condition to be closed, the administration may be continued for such time as may be reasonable.

SOURCE: Probate Code of Guam (1970), § 956.

§ 2741. Liability of Estate and Surviving Spouse; Allocation; Petition; Contents; Determination; Order.
(a) Whenever it appears that debts payable by the estate are also payable, in whole or in part, by the surviving spouse, the personal repre- sentative or any person interested in the estate may file a petition with the Clerk of the Superior Court for an order to allocate the responsibility for such debts. Such petition may be filed at any time prior to the filing of a petition for final distribution. If any interest in the community property is administered in the estate of a deceased spouse which, under the laws of the territory of Guam, was liable for a debt of the surviving spouse which was not also the debt of the deceased spouse, the owner of the debts shall be deemed to be a person interested in the estate for the purposes of this Section.

(b) The petition referred to in subsection (a) of this Section shall (1) identify all of the debts known to the petitioner that are asserted to be subject to allocation, (2) state the reason why such debts should be

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allocated, and (3) set forth the allocation and the basis for allocation asserted by the petitioner.
(c) If it appears from the petition referred to in subsection (a) of this Section that (1) allocation would be affected by the value of the separate property of the surviving spouse and any community property not administered in the estate and (2) an inventory of the property and the value of the property has not been furnished by the surviving spouse, the Superior Court shall issue an order to show cause why the information should not be furnished.

(d) Notice of the hearing of the petition referred to in subsection (a) of this Section and the order to show cause referred to in subsection (c) of this Section shall be given in the manner provided in Section 3401 of this Title and a copy of such petition and such order shall be served not less than ten (10) calendar days prior to the time set for the hearing upon the surviving spouse and, if the petitioner is not the personal representative, upon the personal representative.

(e) The personal representative and the surviving spouse may provide for allocation by agreement, and, upon a determination by the Superior Court that the agreement substantially protects the rights of persons interested in the estate, the allocation provided for in the agree- ment shall be ordered by the Superior Court. In the absence of such agreement, each debt shall be apportioned to all of the property of the spouses liable for the debt, as determined by the laws of the territory of Guam, in the proportion determined by the value of the property less any liens and encumbrances at the date of death, and the responsibility to pay the debt shall be allocated accordingly.

(f) Upon making the determination as provided in this Section, the Superior Court shall make an order (1) directing the personal repre- sentative to charge the amounts allocated to the surviving spouse against any property or interests of the surviving spouse which are in the posses- sion of the personal representative, (2) summarily directing the surviving spouse to make payment of the allocation to the personal representative to the extent that property or interests of the surviving spouse which are in the possession of the personal representative are insufficient to satisfy the allocation, and (3) directing the personal representative to make payment of the amounts allocated to the estate.

SOURCE: California Probate Code, § 980.

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COMMENT: Section 2741, like certain other Sections contained in this Title, has been added to rationalize the community property system and to make it sex- neutral. See Comments to §§ 2513, 2515, 2535 and 2729, supra.

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