) The special administrator must render a verified account of his proceedings in like manner as administrators are required to do pursuant to the provisions of Chapter 27 of this Title. The commissions of the

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special administrator, and the fees of the special administrator’s attorney, shall be fixed by the Superior Court of Guam; but the total commissions paid and extra allowances made to the special administrator and the executor, or to the special administrator and the administrator with the will annexed, or to the special administrator and the administrator, must not, together, exceed the sums provided in Chapter 28 of this Title as commissions and extra allowances for executors, administrators with the will annexed or administrators; and the total fees paid to the attorneys both of the special administrator and the executor, or of the special administrator and the administrator with the will annexed, or of the special administrator and the administrator, must not, together, exceed the sums provided in Chapter 28 of this Title for the ordinary and extraordinary services of attorneys for executors, administrators with the will annexed, or administrators.

(b) When the same person does not act as both special administrator and executor, or as special administrator and administrator with the will annexed, or as special administrator and administrator, the commissions and allowances referred to in subsection (a) of this Section shall be divided between the special administrator and the executor, or between the special administrator and the administrator with the will annexed, or between the special administrator and the administrator, in such proportions as the Superior Court of Guam shall deem just; and when the same attorney does not act for both the special administrator and the executor, or for both the special administrator and the administrator with the will annexed, or for both the special administrator and the administrator, the fees referred to in subsection (a) of this Section shall be divided between the attorneys in such proportion as the Superior Court of Guam shall deem just.
(c) At any time after six (6) months from the grant of special letters of administration, or upon the earlier settlement of the final account of the special administrator, and upon such notice to the special administrator and to the persons interested in the estate as the Superior Court of Guam shall require, any attorney who has rendered extraordinary services to the special administrator may apply to the Superior Court of Guam for compensation for such extraordinary services; and on the hearing, upon proof that due notice of the hearing has been given, the Superior Court of Guam shall make an order requiring the special administrator to pay such attorney out of the estate

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such compensation as the Superior Court of Guam shall deem proper, and such payment shall be made forthwith.

SOURCE: Subsection (a): Probate Code of Guam (1970), § 467. Subsection (b): Probate Code of Guam (1970), § 468. Subsection (c): California Probate Code, § 469; Guam Law Revision Commission.

COMMENT: Section 1915 brings together all the provisions contained in the Probate Code of Guam (1970) concerning the special administrator’s account, commissions and fees, and concerning the special administrator’s attorney’s fees. In addition, subsection (c) adds to § 1915 a provision that was added to the California Probate Code in 1941, which allows early payment of extraordinary fees incurred by a special administrator’s attorney. This provision was apparently added to the California law in response to In re Cazaurang’s Estate (1938), 28 C.A.2d 505, 82
P.2d 951, wherein the court held that such extraordinary attorney’s fees could not be allowed prior to the appointment of an executor or general administrator; this
would obviously leave such an attorney in a poor cash-flow position, and might have the effect of causing attorneys to refuse to act for special administrators because they might fear that they would have to render many extraordinary services and then wait years before receiving compensation therefor. The only alteration made to the California law in subsection (c) is the inclusion of the language,
A…upon proof that due notice of the hearing has been given….@
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