§ 3001. Preliminary Distribution: Petition; Time; Prerequisites; Notice of Hearing; Opposition.
(a) When four (4) months have elapsed after the first publication of the notice to creditors required by Section 2503 of this Title, and upon bond (or with or without bond, as the Superior Court determines, when the time for filing or presenting claims has expired and all uncontested claims have been paid or are sufficiently secured by mortgage, or otherwise, but the estate is not in a condition to be finally closed):

(1) The personal representative, or any heir, devisee or legatee, or the assignee, grantee or successor in interest of any heir, devisee or legatee, may petition the Superior Court for distribution of a legacy, devise or share of the estate or any portion or portions thereof to which he is entitled or a payment on account of the legacies to the heirs, devisees or legatees or any assignees, grantees, or successors in interest or where there are priorities, to those of the class or classes having priorities; or
(2) 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 applicable 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 or United States territory 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 any part of the estate in the territory of Guam should be delivered to the executor, administrator with the will annexed or administrator in the State or United States territory of the decedent’s residence, the personal representative may petition the Superior Court for an order authorizing the delivery of such portion of the estate as the Superior Court shall deem safe and proper and for the best interests of the estate, to the executor,

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CH. 30 DISTRIBUTION AND DISCHARGE

administrator with the will annexed or administrator in the State or
United States territory of the decedent’s residence.
(b) The Clerk of the Superior Court shall set the petition referred to in subsection (a) of this Section for hearing, and notice thereof shall be given in the manner provided in Section 3401 of this Title. Any person interested in the estate or any co-personal representative may resist the application.

SOURCE: California Probate Code, § 1000 (as amended).

COMMENT: The Probate Code of Guam (1970) contained two separate Articles of Chapter XVI (ADistribution and Discharge@), covering partial distribution and
ratable distribution, respectively. Similar provisions, in similarly designated Articles, were previously contained in the California Probate Code. In 1953, however, both Articles were repealed in California, and replaced with one Article
entitled APreliminary Distribution.@ The repealed provisions –which were essen-
tially the same as §§ 1000 – 1003 and §§ 1010 – 1013 of the Probate Code of Guam
(1970) — were supplanted in California as follows: the subject-matter of prior § 1000 went into new § 1000; that of prior § 1001 went into new § 1001; that of prior
§ 1002 was omitted; that of prior § 1003 went into new § 1002; that of prior § 1010 went into new § 1000; that of prior § 1011 went into new § 1001; that of prior § 1012 went into new § 1003; and that of prior § 1013 went into new § 1002.

Similar changes have been made in the prior Guam statutes mentioned above. The subject-matter areas covered in §§ 1000 -1003 and §§ 1010 – 1013 of the Probate Code of Guam (1970) are thus contained in §§ 3001 – 3007, as follows: the subject matter of prior § 1000 is contained in § 3001; that of prior § 1001 in § 3003; that of prior § 1002 has been omitted; that of prior § 1003 in § 3005; that of prior § 1010 in § 3001; that of prior § 1011 in § 3003; that of prior § 1012 in § 3007; and that of prior § 1013 in § 3005.