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Terms Used In 15 Guam Code Ann. § 3031

  • Decedent: A deceased person.
  • Executor: A male person named in a will to carry out the decedent
  • Intestate: Dying without leaving a will.
  • Probate: Proving a will
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
on application for distribution after final settlement of the accounts of the personal representative, if the decedent was a nonresident of the territory of Guam and left a will which has been duly proved or allowed in the State or United States territory of the decedent’s residence, and such will has been admitted to probate in the territory of Guam pursuant to the provisions of Chapter 15 of this Title, or if such decedent died intestate, and an administrator has been duly appointed and qualified in the State, United States territory or country of the decedent’s residence, and it is necessary in order that the estate, or any part thereof, may be distributed according to the will, or it is for the best interests of the estate, that the estate in the territory of Guam should be delivered to the executor, administrator with the will annexed or administrator in the State, United States territory or country of the decedent’s residence, the Superior Court may order such delivery to be made, and, if necessary, direct a sale of the real property and a like delivery of the proceeds. Such sale must be made in the same manner as other sales of real property of decedents.

SOURCE: Probate Code of Guam (1970), § 1040.

§ 3033. Nonresident Decedents: Petition for Delivery; Hearing; Notice; Objections.
The order referred to in Section 3031 of this Title may be made on the petition of the personal representative or of any person interested in the estate. When such petition is filed, the Clerk of the Superior Court shall set the same for hearing, and notice thereof shall be given in the

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15 Guam Code Ann. ESTATES AND PROBATE
CH. 30 DISTRIBUTION AND DISCHARGE

manner provided in Section 3401 of this Title. Any person interested in the estate may appear and contest the petition by filing written objections thereto.

SOURCE: Probate Code of Guam (1970), § 1041.

§ 3035. Nonresident Decedents: Delivery as Discharge of Local
Personal Representative.
The delivery, in accordance with the order of the Superior Court referred to in Section 3031 of this Title, is a full discharge of the personal representative in the territory of Guam, in relation to all property embraced in such order, and when such order becomes final it binds and concludes all parties in interest.
SOURCE: Probate Code of Guam (1970), § 1042.

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