When a decedent leaves no real property, nor interest therein nor lien thereon, in the territory of Guam, and the total value of the decedent’s property in the territory of Guam, excluding any motor vehicle of which the decedent was the owner or the legal owner, over and above any amounts due to the decedent for services in the armed forces

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of the United States, and over and above the amount of salary not exceeding Six Thousand Dollars ($6,000), including compensation for unused vacation, owing to the decedent for services from any employment, does not exceed Seventy-Five Thousand Dollars ($75,000), the surviving spouse, the children, lawful issue of deceased children, a parent, brothers or sisters of the decedent, the lawful issue of a deceased brother or sister, the guardian of the estate of any minor or incompetent person bearing such relationship to the decedent, or the trustee named under a trust agreement executed by the decedent during his lifetime, the primary beneficiaries of which bear such relationship to the decedent, if such person or persons has or have a right to succeed to the property of the decedent, or is the sole beneficiary or are all of the beneficiaries under the last will and testament of the decedent, may without procuring letters testamentary, letters of administration with the will annexed or letters of administration, and without awaiting administration upon the estate of an intestate decedent or the probate of the will of a testate decedent, collect any money due to the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to such person or persons upon furnishing the person, representative, corporation, officer or body owing the money, having custody of such property or acting as registrar or transfer agent of such evidences of interest, indebtedness or right, with an affidavit showing the right or the person or persons to receive the money or property, or to have such evidences transferred.

SOURCE: California Probate Code, § 630 (as amended). Amended by P.L. 33-
213:1 (Dec. 15, 2016).

COMMENT: The effect of § 3101 is not markedly different from that of § 630 of the Probate Code of Guam (1970): basically, it allows the people with the right to a decedent’s property to receive that property without the decedent’s estate going through formal administration. Since its original enactment in California in 1931, however, the statute (which began its life very much like prior § 630 of the Probate Code of Guam (1970),) has been amended a number of times, for two basic reasons: (1) to raise the amount of the decedent’s estate, to which the provisions apply; and (2) to increase the class of persons who may take advantage of the Section. Virtually all of the changes made in California are also useful in Guam, and have thus been included in § 3101.

§ 3101.1. Estates of Deceased COLA Awardees; Summary
Administration or Probate; Affidavit.

When a COLA awardee as defined by Title 4 Guam Code Ann. § 7101(4) dies before receiving the award and the Director of Administration determines that Title 4 Guam Code Ann. § 7102 does not apply, the Director shall

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pay over the COLA award as defined by Title 4 Guam Code Ann. § 7101 (3) as follows:

(a) If no proceeding regarding the awardee’s estate was brought pursuant to Title 15 Guam Code Ann., a person who has a right to succeed to the awardee’s property may, without bringing such a proceeding, submit to the Director the COLA awardee’s death certificate and an affidavit showing the name, age and address of every person entitled to the COLA award pursuant to the laws of intestate succession. If the Director determines that the affidavit is correct, he shall distribute the COLA award accordingly.

(b) If a proceeding regarding the COLA awardee’s estate pursuant to Title 15 Guam Code Ann. is pending, the court in said proceeding shall order the Director to pay over the award to the decedent’s personal representative.

(c) If a proceeding regarding the COLA awardee’s estate was brought pursuant to Title 15 Guam Code Ann. but is closed, the personal representative or an heir of the COLA awardee may request payment of the COLA award and present the Director of Administration with a certified copy of the Final Decree of Distribution. The Director shall pay over the COLA award according to said Decree in the appropriate amounts to the heirs named therein or to their personal representatives or successors in interest.

The Director shall develop form affidavits to assist applicants for
COLA awards.

SOURCE: Added by P.L. 28-151:7 (Oct. 31, 2006).

NOTE: This section was added by P.L. 28-151 in relation to the authorization of the Governor to make COLA payments pursuant to Rios v. Camacho, Superior Court Case No. SP0206-93. Pursuant to P.L. 28-151, this section “”shall be repealed and cease to be of any further force and effect upon the Superior Court’s determination in SP0206-93 that all COLA awards have been paid over.””

§ 3102. [Vacant.]

2017 NOTE: During the codification process from the Probate Code of Guam to Title 15 of the Guam Code Annotated, the Law Revision Commission did not include a provision for § 3102; it was left vacant.