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Terms Used In 15 Guam Code Ann. § 3037

  • Probate: Proving a will
  • 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.
) When the estate has been fully administered, and it is shown by the personal representative, by the production of satisfactory vouchers, that the personal representative has paid all sums of money due from him, and delivered up, under the order of the Superior Court, all the property of the estate to the parties entitled, and performed all the acts lawfully required of him, the Superior Court must make a decree discharging him from all liability to be incurred thereafter.
(b) A verified petition may be signed and filed with the Clerk of the Superior Court by or on behalf of the personal representative, at any time after his appointment and whether or not he has qualified as such, setting forth the fact that it appears that there is no property of any kind belonging to the estate and subject to administration, and praying for the termination of further proceedings and for the discharge of the personal representative. The Clerk of the Superior Court shall set such petition for hearing, and notice thereof shall be given in the manner provided in Section 3401 of this Title. If it appears to the satisfaction of the Superior Court upon such hearing that the facts stated in the petition are true it shall make an order terminating the proceeding and discharging the personal representative. The verified petition referred to in this subsection may be filed and an order may be entered thereon without the return of any inventory provided for in this Title.

SOURCE: Subsection (a): Probate Code of Guam (1970), § 1066. Subsection (b): California Probate Code, § 1068 (as amended).

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

§ 3039. Subsequent Administration; After- Discovered Property; Distribution to Territory of Guam; Notice to Treasurer of Guam.
The final settlement of an estate, as in this Chapter provided, shall not prevent a subsequent issue of letters testamentary or of administration, or of administration with the will annexed, if other property of the estate is discovered, or if it becomes necessary or proper for any cause that letters should be again issued. The Superior Court shall issue such letters to the person or persons entitled thereto in the same order and manner as is directed in relation to original letters of administration, provided however, that the administrator who served at the time of the order of discharge shall have priority.
Whenever an estate, or any portion thereof, has been distributed to the territory of Guam, a copy of any petition for subsequent issuance of letters testamentary or of administration, or of administration with the will annexed, shall be served by the petitioner upon the Treasurer of Guam not fewer than fifteen (15) days prior to the hearing upon such petition.

SOURCE: California Probate Code, § 1067 (as amended); Guam Law Revision
Commission.

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