15 Guam Code Ann. § 1713
Terms Used In 15 Guam Code Ann. § 1713
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Executor: A male person named in a will to carry out the decedent
- 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.
- Probate: Proving a will
- Service of process: The service of writs or summonses to the appropriate party.
- Summons: Another word for subpoena used by the criminal justice system.
has removed from and resides without Guam, in any action or proceeding against such executor with respect to the estate or founded upon or arising out of such executor’s acts or omissions as such executor, shall be made by delivering to and leaving with such executor’s attorney for the service of process (as provided in Section 1709 of this Title) two copies of the summons and complaint or notice of motion, and a copy of the statement filed by such executor under the provisions of Section 1711 of this Title, or, if no such statement has been filed, a copy of the letters testamentary granted to such executor, together with a written statement signed by the party to the action seeking such service, setting forth an address to which such process shall be sent.
(b) Following receipt of the documents referred to in subsection (a) of this Section, such executor’s attorney for the service of process (as provided in Section 1709 of this Title) shall forthwith send, by registered mail, one copy of said summons and complaint or notice of motion to such executor at the address as shown in such statement delivered to such executor’s attorney for the service of process.
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15 Guam Code Ann. ESTATES AND PROBATE
CH. 17 APPOINTMENT OF EXECUTORS AND OF
ADMINISTRATORS WITH THE WILL ANNEXED
(c) Personal service of such process or notice of motion upon such executor, wherever found without Guam, shall be the equivalent of service as provided hereinabove.
(d) Proof of service of process or of a notice of motion upon an executor who has removed from and resides without Guam shall, in the event of service by registered mail, be made by certificate of such executor’s attorney for the service of process (as provided in Section
1709 of this title), showing such mailing, and filed with the Superior Court of Guam. In the event of personal service without Guam, such compliance may be proved by the return of any duly constituted public officer, qualified to serve like process or notice of motion of and in the jurisdiction where such executor is found, showing such service to have been made. Such return shall be appended to the original summons or notice of motion, which shall be filed as set forth hereinabove in this subsection.
SOURCE: Subsections (a) – (c): California Probate Code, § 405.3 (as amended). Subsection (d): California Probate Code, § 405.4 (as amended.)
COMMENT: See Comment to § 1709, supra; and see § 717 of Title 1 for further provisions concerning what constitutes Aregistered mail.@