e provisions of Chapter 20, Subchapter B, of this Title, concerning security for the faithful performance of a personal represen- tative shall not apply to this Chapter, provided that the land claims award is deposited with a federally insured depository under a court order prohibiting any charge or withdrawal except as may be directed in a certified order or decree of the Superior Court.

§ 4908. Delivery of Land Claims Award, or Share Therein, to
Nonresidents.

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A land claims award, or any share therein, assigned or distributed upon administration of a decedent‘s estate to a person residing out of Guam may be delivered by registered or certified U.S. mail, postage prepaid, with return receipt, to the last known address of the nonresident assignee or distributee, and upon such mailing the personal representative shall not be personally liable for any loss arising from nonreceipt thereof, except for willful misconduct. If the award or any share therein, after mailing as aforesaid, is returned to the personal representative unclaimed, the same shall be deposited with the Clerk of the Superior Court in the name of the nonresident assignee or distributee, pursuant to § 3023 of this Title, unless the Superior Court orders delivery by such other means as it deems appropriate, compliance with which shall also discharge the personal representative from any liability whatsoever.

§ 4909. Summary Distribution of Land Claims Awards Not
Exceeding $100,000.
(a) A land claims award not exceeding $100,000 after deduction of costs and attorney’s fees awarded or authorized by the District Court of Guam may be set aside to a decedent’s heirs at law, provided that no proceedings for administration upon the decedent’s estate are then pending.
(b) A verified petition, together with a prayer that the award be set aside as provided herein, may be presented by any heir at law of the decedent or any heir at law of a deceased heir. The petition shall contain allegations showing that this section is applicable and shall state the names, mailing addresses, relationships and ages of each heir at law of the decedent, as well as each heir at law of any deceased heirs, and their respective fractional interests in the award. The petition shall further state, without qualification, that if the petition be granted the petitioner will distribute the award with due diligence to the persons named in the petition, according to their respective interests.
(c) No person to whom an award, or any portion thereof, is set aside pursuant to this section shall be personally liable for the unsecured debts of the decedent or the debts of any deceased heir whose share of the award is paid directly to his heirs at law, unless an action at law or proceeding in equity or in probate to recover such debts is commenced within one (1) year from entry of the decree setting aside the award. Such liability shall not, in any event, exceed the amount received by the person

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charged the debts as his share of the award. If an action at law or proceeding to collect such debts is commenced within the time allowed, as aforesaid, the person or persons charged may assert any defenses, counterclaims or set-offs that would have been available to the decedent or deceased heir if he had not died.
(d) Notice of the hearing on the petition authorized by this section shall be given as provided in § 4905 of this Chapter.

(e) If, upon hearing the petition authorized in this section, the Superior Court finds that the award, after deduction of all costs and attorney’s fees allowed by the District Court of Guam, does not exceed the sum of $100,000, it shall by appropriate decree assign the award to the petitioner with a directive to pay the same to the persons named in the petition according to their respective interests therein. The decree shall further direct that proof of compliance therewith, by affidavit or declaration under penalty of perjury, be filed by the petitioner within thirty (30) days after entry of said decree.

(f) An award set aside pursuant to this section, or any share therein, may be disbursed, in accordance with the Superior Court’s decree, to nonresident persons as provided in § 4908 of this Chapter.

(g) No person shall be liable for nondelivery of any award set aside pursuant to this section, or of a share therein, except for willful miscon- duct, unless an action at law or proceeding in equity or in probate to recover the same is commenced within three (3) years from entry of the decree setting aside the award.
(h) If any award set aside pursuant to this section, or share therein, cannot be paid or delivered in accordance with the Superior Court’s decree, for lack of information as to the identity, location or mailing address of the person entitled thereto, the same shall be deposited in the name of such person with the Clerk of the Superior Court; such deposit is a full discharge of the petitioner as to any liability whatsoever in relation to the sum so deposited.

(i) No administrator’s fees shall be allowed, nor shall any court fees pursuant to Rule 91, Superior Court Rules of Civil Procedure, be assessed, with respect to an award set aside pursuant to this section. If a private attorney has been retained, the Superior Court shall award reasonable attorney’s fees out of the estate.

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(j) The Public Defender is directed to assist the decedent’s heirs at law in obtaining distribution of land claim awards pursuant to this sec- tion and § 4910 of this Title, but nothing shall prevent such heirs from using private attorneys for such purpose.

SOURCE: Repealed and Reenacted by P.L. 20-7:2.