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Terms Used In 15 Guam Code Ann. § 3209

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Probate: Proving a will
en a right of any person depends upon the death of another, such person may file with the Clerk of the Superior Court a petition setting forth the facts giving rise to the presumption that the other person is dead and praying that such other person’s death be judicially ascertained and established by the Superior Court. Such petition may be filed at any time, and except as provided hereinbelow, the fee payable for the filing of such petition shall be the same as that payable for the filing of a civil action under applicable law or rule of court; provided, that if proceedings for the administration of the presumed decedent‘s estate are pending in the Superior Court, such petition may be filed in said proceedings without additional fee by such person or by the personal representative, at any time prior to the filing of a petition for final distribution in said proceedings.

SOURCE: Probate Code of Guam (1970), § 1193; California Probate Code, § 1171 (as amended); Guam Law Revision Commission.

COMMENT: The portion of § 3209 following the semicolon in the second sentence has been adapted from § 1171 of the California Probate Code. The portion of the second sentence prior to the semicolon has been added by the Commission. The first sentence has been taken from § 1193 of the Probate Code of Guam (1970).

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

§ 3211. Establishing Fact of Death: Notice; Hearing; Objections; Determination; Order.
(a) The Clerk of the Superior Court shall set the petition referred to in Section 3209 of this Title for hearing, and notice thereof shall be given in the manner provided in Section 3401 of this Title. At any time before the hearing any person interested may answer the petition referred to in Section 3209 of this Title and object to any of the matters contained therein.
(b) The Superior Court shall hear the petition referred to in Section
3209 of this Title and all objections interposed thereto. If as a result of such hearing the Superior Court is satisfied that the evidence adduced in support of the petition is sufficient to establish the presumption that the person presumed to be dead is dead, it shall make a decree adjudging such person to be dead.

SOURCE: Subsection (a): Probate Code of Guam (1970), § 1194; Guam Law Revision Commission. Subsection (b): Probate Code of Guam (1970), § 1195; Guam Law Revision Commission.

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