) Within one (1) year from the date of issuance of letters testamentary, letters of administration with the will annexed or letters of administration, the personal representative must either petition for final distribution of the estate or file a verified report of the status of the administration. If such report is filed, it shall show the condition of the estate and the reasons why the estate cannot be finally distributed and closed. Notice of the hearing of such report shall be given in the manner

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provided in Section 3401 of this Title. Upon the hearing of such report, the Superior Court may either order that the administration of the estate continue for such time and upon such terms and conditions as it determines reasonable, provided that it finds that such continuance is in the best interests of the estate or the persons interested therein, or it may order the personal representative to file the petition for final distribution.
(b) If the petition referred to in subsection (a) of this Section is not filed by the personal representative within the time set forth therein or prescribed by the Superior Court, then, upon petition of any person interested in the estate or upon its own motion, the Superior Court may cite the personal representative to appear before it and show the condition of the estate and the reasons why the estate cannot be distributed and closed. Upon the hearing of such citation, the Superior Court may either order the administration of the estate to continue as provided in subsection (a) of this Section, or may order the personal representative to file the petition for final distribution.

(c) If, upon the hearing for final distribution or for an allowance upon the commission of the personal representative or upon the fees of the attorney, the Superior Court finds that the time taken for administration of the estate exceeds the applicable time set forth in this Section or prescribed by the Superior Court, and was caused by factors within the control of the personal representative or attorney and that such time taken was not in the best interests of the estate or the persons interested therein, the Superior Court may, notwithstanding the provi- sions of Chapter 28 of this Title, reduce the fees or commissions of the person or persons having control of such factors by such amount as the Superior Court deems appropriate, regardless of whether the fees or commissions otherwise allowable under the provisions of Chapter 28 of this Title would be reasonable compensation for the services rendered by such person or persons.

(d) Failure of the personal representative to comply with any order made under the provisions of this Section shall be grounds for revocation of letters.

(e) When a testator, by his will, has limited the time for administration upon his estate, such limitation is directory only, and shall not limit the power of the executor, or the administrator with the will annexed, or of the Superior Court, to continue the administration beyond the time limited where the same is necessary or convenient.

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SOURCE: Subsections (a) – (d): California Probate Code, § 1025.5. Subsection
(e): Probate Code of Guam (1970), § 1025.

COMMENT: Section 1025.5 of the California Probate Code, added in 1976, is obviously intended to speed the closing of administrations, by causing the personal representative either to file the petition for final distribution or to submit a report concerning the status of the administration within a certain time after the letters were issued. A provision such as § 3009 is also necessary in Guam, to allow the Superior Court to keep close track of all estates in probate and move them along toward conclusion. The Commission has also included in § 3009 what was formerly included in § 1025 of the Probate Code of Guam (1970), as it deals with the same general subject- matter area as California § 1025.5, and should thus be included in the same Section.