15 Guam Code Ann. § 1209
Terms Used In 15 Guam Code Ann. § 1209
- Decedent: A deceased person.
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Personal property: All property that is not real property.
- Probate: Proving a will
(b) The property described in subsection (a) of this Section does not escheat to the Government of Guam but goes to another jurisdiction if such jurisdiction claims such property and establishes that:
(1) Such other jurisdiction is entitled to such property under its laws;
(2) The decedent customarily kept such property in such jurisdiction prior to the decedent’s death; and
(3) The Government of Guam has the right to escheat and take tangible personal property being administered as part of a decedent’s estate in such jurisdiction if such decedent customarily kept such property in Guam prior to such decedent’s death.
SOURCE: California Probate Code, § 234.
COMMENT: Subsection (a) of § 1209 covers all tangible personal property, whether or not it was temporarily located in Guam. It may also apply to tangible
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personal property that was brought to Guam after the decedent’s death. Subsection (a), however, is made subject to subsection (b), to permit a State or other jurisdiction where the property was usually kept by the decedent to claim the property if it wishes to do so. Note, however, that the conditions of subsection (b) make it clear that Guam will not surrender any property to the State or other jurisdiction in which it was usually kept unless that State or jurisdiction would recognize Guam’s claim under § 1207 to property found within that State or jurisdiction.
Subsection (b) of § 1209 requires the State or other jurisdiction claiming the property to establish the matters listed under subsections (b)(1), (2) and (3). Thus, the State or other jurisdiction must be able to demonstrate that, under the statutory or decisional law of that State or other jurisdiction, Guam has a reciprocal right to escheat property located in that State or other jurisdiction. If the State or other jurisdiction cannot show that Guam has such a reciprocal right — if its law is inconclusive — it has not established the matters required by subsections (b) (1), (2) and (3), and the property thus escheats to the Government of Guam under subsection (a) of § 1209.