) Any person interested in an estate may file written objections to the confirmation of a sale of the property of such estate, and may be heard thereon, and may produce witnesses in support of his objection. Before the Superior Court makes an order confirming such sale, it must be proved to the satisfaction of the Superior Court that such sale was necessary, or that it was of advantage or benefit to the estate or to those interested therein, and that notice of such sale was given as required by this Title; and the order of confirmation shall show that such proof was made.
(b) Upon the hearing of a petition for confirmation of the sale of personal property of an estate, where the original bid was in excess of

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CH. 23 PERSONAL REPRESENTATIVE’S DEALINGS WITH ESTATE PROPERTY

two hundred and fifty dollars ($250.00), if a written offer of at least ten percent (10%) more than the amount named in the return is made to the Superior Court by a responsible person, and if such offer complies with all applicable provisions of law contained in this Chapter, the Superior Court may in its discretion accept such offer and confirm the sale to such person, or it may order a new sale. The provisions of this subsection shall not apply to personal property of an estate sold pursuant to the provisions of Section 2329 of this Title.
(c) If, upon the hearing of a petition for confirmation of the sale of personal property of an estate, the Superior Court of Guam determines that the personal representative’s estimate of the fair market value of the personal property sold (such estimate having been made pursuant to the provisions of Section 2613(a)(2) of this Title) was materially incorrect, the Superior Court of Guam may order that the fair market value of such item be appraised by a qualified, disinterested person who shall be appointed as appraiser thereof by the Superior Court of Guam, or it may order the sale vacated, or it may make such other order as shall be proper in the circumstances for the protection of the estate, of all persons interested in the estate, and of the purchaser of the item in question.

SOURCE: Subsection (a): Probate Code of Guam (1970), § 756. Subsection (b): California Probate Code, § 756.5. Subsection (c): Guam Law Revision Commis- sion.

COMMENT: Subsection (b) of § 2317 is new to Guam. It allows a person to submit a new bid on personal property which was sold at a private sale, provided that the new bid is at least 10% higher than the original sale price, and that the property will be sold to that person rather than to the person who was the original buyer. Note that no sale of estate property (with some exceptions appearing later in Chapter 23, but not germane to this discussion) is complete until the sale is confirmed by the Superior Court; it seems obvious that if a higher price can be brought than that which was originally agreed upon between the personal representative and buyer, such a higher price will be beneficial to the estate and those interested therein. Subsection (c) is also new: it has been added by the Commission to cause § 2317 to comport with the applicable provisions of Chapter
26, infra. Also see Comment to § 2613, infra.