One problem that might be foreseen, however, is that under the Probate Code of Guam (1970), attorney’s fees were the same as personal representatives’ com- missions. Therefore, if the personal representative retains an attorney and both receive statutory commissions, the estate must pay both. The Commission does not find that this is an egregious burden on most estates, and believes that it is relatively fair in the majority of cases, particularly since in many cases the personal representative waives his commission in any event. Where the problem may arise, however, is that situation wherein an attorney is appointed to be the personal representative of an estate, and performs both functions himself. In such case, the estate again ends up paying two sets of commissions — but here to the same person.

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The Commission is of the opinion that this is unfair to most estates, in light of the fact that the attorney’s function is, in most cases, a much more time-consuming and difficult one than that of the personal representative. The Commission has therefore redrafted § 2811, infra, so that in the latter situation the attorney cum personal representative will not receive two sets of commissions/fees; he will receive only one and one-half times the single set of fees. The Commission believes that this plan is fair to all parties concerned, including the attorney and the estate.

§ 2805. Additional Allowances for Extraordinary Services of
Personal Representatives.
Such further allowances, over and above those provided by Section
2803 of this Title, may be made as the Superior Court may deem just and reasonable for any extraordinary services performed by the personal representative; provided, that no such further allowance shall be made when the decedent, by his will, makes other provision for the com- pensation of the executor named therein, unless such executor renounces all claim thereto as provided in Section 2801 of this Title. As used in this
Section, Aextraordinary services@ may include, but is not limited to, sales
or mortgages of real or personal property; contested or litigated claims
against the estate; the adjustment and payment of extensive or compli- cated estate or inheritance taxes; litigation in regard to the property of the estate; the carrying on of the decedent’s business pursuant to an order of the Superior Court; and such other litigation or special services as may be necessary for the personal representative to prosecute, defend or perform.

SOURCE: Probate Code of Guam (1970), § 902; Guam Law Revision
Commission.

COMMENT: The only substantive change from § 902 of the Probate Code of Guam (1970) is the addition of the language following the semicolon in the first sentence. The Commission has added this language to clarify the point that if the decedent has made provision by will for the compensation of the executor named therein, then the compensation provided for in the will is the sum total of such executor’s compensation — unless, of course, the executor named in the will properly renounces his claim for compensation under the will as provided for in proposed § 2801, supra.

The separate property of a person who dies without disposing of it by will is succeeded to and must be distributed as hereinafter provided in this Chapter, subject to the limitation of any applicable marriage or other contract, and to the applicable provisions of Chapter 11 and of Division 3 of this Title.

SOURCE: Probate Code of Guam (1970), § 220.

COMMENT: Section 901 delineates the basic structure for succession to, and distribution of, separate property. Under its terms, Chapter 9 of this Title controls such succession and distribution; however, such succession and distribution are also governed by contracts the decedent might have made, to the provisions of Chapter
11 (which governs disposition of Aquasi-community@ property,) and to the

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provisions of Division 3, concerning administration of estates. Also see Comment to § 801, supra, for a general comment concerning Chapter 9.