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Terms Used In 15 Guam Code Ann. § 4904

  • Decedent: A deceased person.
  • Intestate: Dying without leaving a will.
  • Legatee: A beneficiary of a decedent
  • Probate: Proving a will
) No separate administration on the share of a deceased heir, legatee or devisee in a land claims award shall be necessary; such share shall instead be distributed directly to his heirs at law, provided that the following conditions are met:

(1) The petition for letters testamentary or of administration, or administration with the will annexed, or if a personal representative has already been appointed as of the effective date of this Chapter, then the first petition for preliminary or final distribution to be filed after the effective date of this Chapter, shall include the names, addresses, relationships and ages of the heirs at law of each deceased heir;

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15 Guam Code Ann. ESTATES AND PROBATE
CH. 49 PROBATE ADMINISTRATION OF GUAM LAND CLAIMS AWARDS

(2) Said petition shall state, as to each deceased heir whose share will be distributed directly, that to the best of the petitioner’s knowledge the deceased heir died intestate and that no proceedings for administration upon said heir’s estate are pending;

(3) Notice of the hearing on said petition shall be given as provided in § 4905 of this Title, and said notice shall list the estates of all deceased heirs whose shares will be distributed directly to their heirs at law;
(4) Notice of the hearing on said petition shall also be given to the heirs at law of each deceased heir;

(5) Notice of the hearing on said petition shall also be given to the creditors of each deceased heir in the manner provided and to the same extent required by § 4906 of this Title in relation to awards subject to separate administration; and
(6) No party interested in the estate of any deceased heir named in the petition requests administration on the share of the deceased heir in the ordinary course, provided that said request is made in writing and is served upon the petitioner or the Clerk of the Superior Court before the entry of a decree of preliminary or final distri- bution.
(b) In the event a timely request is made for administration in the ordinary course in the share of a deceased heir, by a party interested in said share, or if a valid and timely creditor’s claim is filed against the share of any deceased heir, the share shall be distributed to the personal representative of the estate of the deceased heir or, if none has been appointed, deposited in the name of said estate with the Clerk, Superior Court of Guam.

(c) The delivery of a land claims award, or any share therein, directly to the heirs at law of a deceased heir, in accordance with a decree of preliminary or final distribution made under the provisions of this section, is a full discharge of the personal representative in relation to the sum so delivered, and when the decree becomes final it binds and concludes all parties in interest with respect to both the decedent‘s estate and the estate of the deceased heir.