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DIVISION III
ADMINISTRATION OF ESTATES OF DECEDENTS

Chapter I. Administration of Estates of Decedents. $$ 300-362
Article I. Jurisdiction. $8 300-303

II. Probate of Wills. $$ 320-332
III. Lost or Destroyed Wills. $$ 350-352

IV. Foreign Wills. $$ 360-362
Chapter II. Contest of Wills. $$ 370-385
Article I. Contests Before Probate. $$ 370-374

II. Contests After Probate. $$ 380-385
Chapter III. Appointment of Executors and of Administrators with the Will

Annexed. $$ 400-409
IV. Appointment of Administrators. $$ 420-453
Article I. Competency and Priority. $$ 420-427

II. Application for Letters. $$ 440-443

III. Revocation of Letters. $$ 450-453 Chapter V. Special Administrators. 88 460-468

VI. Letters, Generally, and Changes in Administration. $$ 480-526 Article I. Banks and Trust Companies. $$ 480-481

II. Form of Letters. $$ 500-502
III. Disability and Substitution. $$ 510-512

IV. Resignation, Suspension, and Removal. $8 520-526
Chapter VII. Oaths and Bonds. 88 540-554

VIII. Powers and Duties of Executors and Administrators. $8 570-588
IX. Inventory and Appraisement. $8 600-615

X. Disposition of Estates Without Administration. $8 630-650 Article I. Transfer of Personal Property Not Exceeding $300 in Value.

88 630-631 II. Setting Aside Estates Not Exceeding $500 in Value. $$ 640-646

III. Summary Settlement of Estates of Small Value. $$ 647-650
Chapter XI. Support of the Family. $8 660-683
Article I. Homestead and Exempt Property. $$ 660-668

II. Family Allowance. 88 680-683
Chapter XII. Presentation and Payment of Claims. $$ 700-739
Article I. Presentation. $8 700-719

II. Rules as to Payment of Claims. $8 730-739
Chapter XIII. Sales. 88 750-802
Article I. Sales in General. $$ 750-761

II. Sale of Personal Property. $$ 770-774
III. Sale of Real Property. $$ 780-793

IV. Sale of Contract to Purchase. $$ 800-802
Chapter XIV. Notes, Mortgages, Leases, Conveyances, and Exchanges.

$$ 830-860
Article I. Borrowing Money and Mortgaging Property. $8 830-834

II. Leasing. $$ 840-844
III. Conveyance to Complete Contract. 88 850-853

IV. Exchange of Real Property. $ 860
Chapter XV. Compensation and Accounting. $$ 900-956
Article I. Commissions. $8 900-904

II. Attorneys' Fees. $$ 910-911
III. Rendering of Exhibits and Accounts. $$ 920-932
IV. Payment of Debts, Expenses, and Charges. $$ 950-956

Chapter XVI. Distribution and Discharge. $$ 1000-1067
Article I. Partial Distribution. $$ 1000-1003

II. Ratable Distribution. $$ 1010-1013
III. Final Distribution. $$ 1020-1025
IV. Estates of Nonresidents. $$ 1040-1042

V. Advancements and Ademptions. $8 1050-1054

VI. Discharge. $8 1060-1067
Chapter XVII. Determination of Heirship. $$ 1080-1082

XVIII. Partition Before Distribution. $8 1100-1106
XIX. Administration of Trusts. $$ 1120-1126

XX. Establishing Fact of Death or Heirship. $8 1190-1195
Article I. Identity of Heirs. $$ 1190-1192

II. Establishing Fact of Death. $$ 1193-1195
Chapter XXI. Notices, Orders, and Procedure. $$ 1200-1240
Article I. Notices. $$ 1200-1210

II. Orders. $$ 1220-1222
III. Rules of Procedure. $$ 1230-1233
IV. Appeals. $ 1240

DIVISION IV

GUARDIAN AND WARD

Chapter I. The Relationship, and Rules Governing Its Creation. $$ 1400-1411

II. When Guardianship Not Necessary. $8 1430-1433
III. Appointment of Guardians for Minors. $$ 1440-1442
IV. Appointment of Guardians for Insane or Incompetent Persons.

$$ 1460-1462
V. Restoration to Capacity. $$ 1470-1472
VI. Oaths, Bonds, and Letters. $$ 1480-1487
VII. Powers and Duties. $$ 1500-1515
VIII. Sales, Mortgages, Leases, and Conveyances. $$ 1530-1539
IX. Inventory and Accounting. $8 1550-1557

X. Nonresident Wards. $$ 1570-1574
XI. Suspension, Removal, and Resignation. $$ 1580-1582
XII. Termination of Guardianship. $$ 1590-1593
XIII. Notices and Procedure. $$ 1600-1607
XIV. Appeals. $$ 1630-1631

Table of Sections of Probate Code affected by the Sixth (Special) Session, Seventh, Eighth, and Ninth Guam Legislature.

Section 57...... 58... 59.. 441 605 609,

Effect Added Added

Added

Amended Repealed and Added Repealed and Added

644.. 647.

Amended
Amended

Added
Amended
Amended
Amended
Amended
Amended

Added
Added
Added

650.
664.
665...
832.
842.
901...
1193
1194
1195

THE PROBATE CODE OF GUAM

There is hereby enacted a new Probate Code

of Guam to read as follows:

The Probate Code of the Territory of Guam

§ 1. Title and divisions of this Code.
§ 2. Construction.
8 3. Saving clause.

§ 1. Title and divisions of this Code. This Code shall be known as the Probate Code and is composed of four divisions as follows:

Division I. Wills.

II. Succession.
Il(a). Simultaneous Death.
III. Administration of Estates of Decedents.
IV. Guardian and Ward. (Enacted 1953.)

§ 2. Construction. The provisions of this Code, so far as they are substantially the same as existing laws, must be construed as continuations thereof, and not as new enactments. (Enacted 1953.)

$ 3. Saving clause. No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by its provisions, but the proceedings therein must conform to the requirements of this Code as far as applicable.

DIVISION I

Wills

Chapter I. Who May Make and Take by a Will.

Article I. General Provisions.

II. Gifts to Charity.
II. Execution of Wills.
III. Revocation of Wills.
IV. Kindred Not Mentioned in Will, Who Share in Estate.

V. Interpretation of Wills.
VI. Effect of Certain Provisions.
VII. Conditions and Remainders.
VIII. Legacies and Interest.

CHAPTER I

Who May Make and Take by a Will

Article I. General Provisions.

II. Gifts to Charity.

ARTICLE I

General Provisions

$ 20. Who may make will.
$ 21. Community property.
$ 22. Duress.
$ 23. Mutual will.
$ 24. Conditional will.
$ 25. Effect of codicil.
$ 26. Validity of foreign will.
$ 27. Who may take by will.
$ 28. Vesting of testamentary dispositions.
§ 29. Plural devisee.

$ 20. Who may make will. Every person of sound mind, over the age of eighteen (18) years, may dispose of his or her separate property, real and personal, by will. [Enacted 1953.)

§ 21. Community property. The extent to which community property may be disposed of by will is provided in Chapter I of Division II of this Code. (Enacted 1953.]

$ 22. Duress. A will or part of a will procured to be made by duress, menace, fraud, or undue influence, may be denied probate; and a revocation procured by the same means may be declared void. [Enacted 1953.)

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