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Terms Used In 15 Guam Code Ann. § 2321

  • Executor: A male person named in a will to carry out the decedent
  • Probate: Proving a will
  • Testator: A male person who leaves a will at death.
a personal representative neglects or refuses to sell any property of an estate when such sale is necessary or when such sale is for the advantage, benefit and best interests of the estate and those interested therein, or if an executor or administrator with the will annexed is directed by the testator‘s will to sell the same and he neglects or refuses to do so, any person interested may petition the Superior Court for an order requiring the personal representative to sell. The Clerk of the Superior Court shall set the petition for hearing, and notice thereof shall be given to the personal representative by citation served at least five (5) calendar days before the hearing.
SOURCE: Probate Code of Guam (1970), § 758.

§ 2323. Sales in General: Neglect or Misconduct of Personal
Representative; Action.
If there is any neglect or misconduct in the proceedings of the personal representative in relation to any sale, by which any person interested in the estate suffers damage, the party aggrieved may recover the same in an action upon the bond of the personal representative, or otherwise.

SOURCE: Probate Code of Guam (1970), § 759.