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Terms Used In 15 Guam Code Ann. § 3205

  • Decedent: A deceased person.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Intestate: Dying without leaving a will.
  • Personal property: All property that is not real property.
  • Probate: Proving a will
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
en title to real or personal property, or any interest therein, vests, other than by the laws of succession, in the heirs, heirs of the body, issue, or children of any person, without other description or means of identification of the persons embraced in such description, any person interested in such property as such heir, heir of the body, issue, or child, or as the successor in interest of any such interested person, or the personal representative of any such interested person or of the successor in interest of any such interested person, may file a verified petition with the Clerk of the Superior Court setting forth briefly the deraignment of title of the petitioner, a description of the property affected, and, so far as known to the petitioner, the names, ages, and mailing addresses of the heirs, heirs of the body, issue, or children whose identity is sought to be determined, and if any is dead or if the mailing address of any is unknown, stating such facts, and requesting that a decree be entered determining and establishing the identity of the persons embraced in such general description.
SOURCE: Probate Code of Guam (1970), § 1190.

COMMENT: The petition and proceeding described in § 3205 should be distinguished from those provided in §§ 3201 and 3203, supra. The proceeding for determination of heirship, as provided in § 3205, can occur only where a testator has made certain provisions in his will, which provisions need clarification. The proceeding established by §§ 3201 and 3203, on the other hand, may be used in any probate matter, whether the decedent was testate or intestate.

COL4132017
15 Guam Code Ann. ESTATES AND PROBATE
CH. 32 DETERMINATION OF HEIRSHIP OR ENTITLEMENT TO
DISTRIBUTION; ESTABLISHING FACT OF DEATH