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Terms Used In 15 Guam Code Ann. § 2023

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Oath: A promise to tell the truth.
  • Probate: Proving a will
curity for the faithful performance of the personal representative’s trust, as required by Section 2011 of this Title, may in the discretion of the Superior Court of Guam be provided, in whole or in part, by the procurement and maintenance by the personal representative of a policy or policies of insurance sufficient to indemnify the estate for the loss of or damage to the property of the estate which is the subject- matter of such policy or policies; provided, that in such case such policy or policies shall clearly provide that the loss beneficiary thereunder shall be the estate, and not the personal representative in his individual capacity; and provided further, that if the Superior Court of Guam orders that security for the faithful performance of the personal representative shall

COL10312014
15 Guam Code Ann. ESTATES AND PROBATE
CH. 20 OATH, FORM OF LETTERS, AND SECURITY FOR
FAITHFUL PERFORMANCE OF PERSONAL REPRESENTATIVE

be provided, in whole or in part, as set forth hereinabove in this Section, letters shall not issue to the personal representative until the Superior Court of Guam is satisfied that each insurance company providing such policy or policies of insurance has been served with a copy of such order, that such policy or policies are in effect, and that a certified copy of such policy or policies has been filed with the Clerk of the Superior Court of Guam.
SOURCE: Guam Law Revision Commission.

§ 2025. When Security Becomes Insufficient: Requirement of Further Security; May Be With or Without Hearing; Appointment of Person Next In Order; Revocation of Letters.
(a) Any person interested in an estate may, at any time prior to the discharge of the personal representative, represent to the Superior Court of Guam, by verified petition, that the security provided by the personal representative for the faithful performance of his trust has become insufficient, and ask that further security be required; or, if it comes to the knowledge of the Superior Court of Guam that the security provided by the personal representative for the faithful performance of his trust is from any cause insufficient, the Superior Court of Guam may, of its own motion, require further security.
(b) If the Superior Court of Guam is satisfied from the petition provided for in subsection (a) of this Section, or from its own information, that the matter requires investigation, a citation shall be issued to the personal representative, requiring him to appear before the Superior Court of Guam at a designated time to show cause why he should not provide further security for the faithful performance of his trust. The citation shall be personally served on the personal representative by the office of the Marshal of the Superior Court of Guam, at least five (5) calendar days before the return day. If the personal representative has absconded, or cannot be found, the citation may be served by leaving a copy thereof at his residence, or by such publication as the Superior Court of Guam may order. On the return of the citation, or at such other time as the Superior Court of Guam may appoint, it shall proceed to hear the matter, and if it satisfactorily appears that the security, from any cause, is insufficient, the Superior Court of Guam shall order the personal representative to provide further security, in such form and amount and subject to such terms and conditions as

COL10312014
15 Guam Code Ann. ESTATES AND PROBATE
CH. 20 OATH, FORM OF LETTERS, AND SECURITY FOR
FAITHFUL PERFORMANCE OF PERSONAL REPRESENTATIVE

may be prescribed by the Superior Court of Guam, within five (5)
calendar days after the date of the entry of the order.
(c) If sufficient further security is not provided within the time fixed by the order of the Superior Court of Guam, as provided in subsection (b) of this Section, the right of the personal representative shall cease, and the person next entitled to administer the estate, who will give sufficient security for the faithful performance of this trust pursuant to the provi- sions of this Subchapter, shall be appointed. If letters have already issued to the personal representative, the same shall be revoked and his authority shall thereupon cease.

SOURCE: Subsection (a): Probate Code of Guam (1970), § 547; Guam Law Revision Commission. Subsection (b): Probate Code of Guam (1970), § 548; Guam Law Revision Commission. Subsection (c): Probate Code of Guam (1970), § 549; Guam Law Revision Commission.

§ 2027. Suspension of Personal Representative’s Powers Pending
Hearing.
When a petition is presented to the Superior Court of Guam, praying that a personal representative be required to provide further security for the faithful performance of his trust, and it is alleged therein on oath that such personal representative is wasting the property of the estate, the Superior Court of Guam may, by its order, suspend the powers of such personal representative until the matter can be heard and determined. Such hearing shall be held, and such determination made, substantially pursuant to the provisions of Section 2025(b) of this Title.

SOURCE: First sentence: California Probate Code, § 550 (as amended); Guam
Law Revision Commission. Second sentence: Guam Law Revision Commission.