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Terms Used In 15 Guam Code Ann. § 2301

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Decedent: A deceased person.
  • Executor: A male person named in a will to carry out the decedent
  • Legatee: A beneficiary of a decedent
  • Probate: Proving a will
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
e term personal representative, as used in this Chapter, shall mean the executor, the administrator with the will annexed, the administrator, or the special administrator of a decedent’s estate, as the case may be.
SOURCE: Guam Law Revision Commission.

COMMENT: The provisions of Chapter 23, unlike those of Chapter 22, apply equally to executors, administrators with the will annexed, administrators and special administrators.

§ 2303. Dealings in General: Payment of Debts, Expenses, and Family Allowance of Testate Decedent; Provision by Will; Order of Resort to Estate Assets for Such Purposes.
If a testator makes provision by will, or designates the estate to be appropriated, for the payment of his debts, the expenses of

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15 Guam Code Ann. ESTATES AND PROBATE
CH. 23 PERSONAL REPRESENTATIVE’S DEALINGS WITH ESTATE PROPERTY

administration, or family allowance, they must be paid according to such provision or out of the estate thus appropriated, so far as the same is sufficient. If insufficient, that portion of the estate not disposed of by the will, if any, must be appropriated for that purpose; and if that is not sufficient, the property given to residuary legatees and devisees, and thereafter all other property devised and bequeathed, is liable for the same, in proportion to the value or amount of the several devises and legacies, but specific devises and legacies are exempt from such liability if it appears to the Superior Court that such exemption is necessary to carry into effect the intention of the testator, and there is other sufficient estate.

SOURCE: Probate Code of Guam (1970), § 750.

§ 2305. Dealings in General: Order of Resort to Property for
Payment of Legacies.
The property of a testator, except as otherwise provided in this Chapter, must be resorted to for the payment of legacies in the following order:

(a) The property which is expressly appropriated by the will therefor;
(b) Property not disposed of by the will;
(c) Property which is devised or bequeathed to a residuary legatee.

SOURCE: Probate Code of Guam (1970), § 751.

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