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Terms Used In 15 Guam Code Ann. § 1907

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Decedent: A deceased person.
  • Executor: A male person named in a will to carry out the decedent
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Personal property: All property that is not real property.
  • Probate: Proving a will
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
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15 Guam Code Ann. ESTATES AND PROBATE
CH. 19 APPOINTMENT OF SPECIAL ADMINISTRATOR

The special administrator must take possession of all of the real and personal property of the decedent, and preserve it from damage, waste and injury, and must collect all claims, rents, and other income belonging to the estate; and for any such purposes may commence and maintain or defend suits and other legal proceedings as such special administrator. The special administrator may sell perishable property and exercise such other powers as are conferred upon him by his appointment, but, except when the powers, duties and obligations of an administrator are conferred upon him as provided in Section 1911 of this Title, he is not liable to an action by any creditor on a claim against the decedent. The special administrator may obtain leave to borrow money, or lease or mortgage real property, in the same manner as an administrator.
SOURCE: Probate Code of Guam (1970), § 463.

§ 1909. Special Administrator May Pay Lien Charges on Estate
Property in Order to Avoid Foreclosure; Procedure.
If any property of the estate which is in the charge of a special administrator is subject to a mortgage or lien, to secure the payment of money, and there is danger that the holder of the security may enforce or foreclose the same, and the property exceeds in value the amount of the obligation thereon, then, upon petition of the special administrator, or of any person interested in the estate, and upon such notice as the Superior Court of Guam shall deem proper, the Superior Court of Guam may authorize or direct the special administrator to pay the interest due or any part of the amount so secured. The order may also direct that interest not yet accrued be paid as it becomes due, and such order shall remain in effect and cover such future interest unless and until for good cause set aside or modified by the Superior Court of Guam upon petition and notice substantially similar to that hereinabove provided.
SOURCE: Probate Code of Guam (1970), § 464.

§ 1911. When Special Administrator’s Powers May be Made
General.
(a) When a special administrator is appointed pending determination of a contest of a will instituted prior to the probate thereof, or pending an appeal from an order granting, suspending or revoking letters testamentary, letters of administration with the will annexed or letters of administration, the special administrator shall have the same powers, duties and obligations as an administrator and the letters of

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15 Guam Code Ann. ESTATES AND PROBATE
CH. 19 APPOINTMENT OF SPECIAL ADMINISTRATOR

administration granted to the special administrator shall recite that such special administrator is appointed with the powers of an administrator.
(b) When a special administrator has been appointed, and thereafter a proceeding to contest a will prior to the probate thereof is instituted, the Superior Court of Guam shall make an order providing that such special administrator shall thereafter have the additional powers, duties and obligations of an administrator, and requiring that the special administrator give such additional security for the faithful performance of his trust as the Superior Court of Guam deems proper pursuant to the provisions of Chapter 20 of this Title. Such order is not appealable, and from the time of the giving of any such additional security as may be required, the special administrator shall have the powers, duties and obligations of an administrator.

(c) When a will is admitted to probate and thereafter a contest thereof is instituted and the probate revoked, and an appeal is taken from the order of revocation, the Superior Court of Guam may, upon such notice to such of the persons interested in the estate as the Superior Court of Guam deems reasonable, appoint a special administrator with or without the powers, duties and obligations of an administrator.

SOURCE: California Probate Code, § 465 (as amended.)

§ 1913. Special Administrator’s Powers to Cease Upon Grant of Letters Testamentary, Letters of Administration With Will Annexed or Letters of Administration.
When letters testamentary, letters of administration with the will annexed or letters of administration on the estate of the decedent are issued, the powers of the special administrator of such estate cease, and he must forthwith deliver all of the property of the decedent in his hands to the executor, administrator with the will annexed or administrator, who may thereafter prosecute to final judgment any suit commenced by the special administrator.

SOURCE: Probate Code of Guam (1970), § 466.