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Terms Used In 15 Guam Code Ann. § 2341

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Personal property: All property that is not real property.
  • Probate: Proving a will
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
COL120106
15 Guam Code Ann. ESTATES AND PROBATE
CH. 23 PERSONAL REPRESENTATIVE’S DEALINGS WITH ESTATE PROPERTY

(a) Real property of an estate may be sold only after notice posted by the personal representative in the office of the municipal commissioner in each municipality in which the real property is to be sold, such posting to be effected at least fourteen (14) calendar days before the date of the sale is to be made at public auction, or at least fourteen (14) calendar days before the day on or after which the sale is to be made if such sale is to be a private sale. The notice shall also be published by the personal representative in a daily newspaper of general circulation in the territory of Guam for three (3) consecutive days, the last of which publications is to be at least seven (7) calendar days before the date of the sale if such sale is to be made at public auction, or at least seven (7) calendar days before the day on or after which the sale is to be made if such sale is to be a private sale. Notice of such sale shall also be given in the manner provided in Section 3401 of this Title.

(b) The notice of sale referred to in subsection (a) of this Section shall contain the time and place of the sale if such sale is to be made at public auction, or a physical place where bids or offers will be received and the day on or after which the sale will be made if such sale is to be a private sale; and in all cases the property proposed to be sold shall be described with particularity, although a description thereof by metes and bounds shall not be required.

SOURCE: Guam Law Revision Commission; California Probate Code, § 772 (as amended); California Probate Code, § 782 (as amended).

COMMENT: The Commission has extensively redrafted § 780 of the Probate Code of Guam (1970), to bring § 2341 into greater conformity with § 2335, which sets forth the notice requirements in the case of a sale of personal property of an estate. These changes are largely procedural; the only substantive change is in the last sentence of § 2341, concerning the contents of the notice. Section 780 of the
Probate Code of Guam (1970) states, in this regard, AThe property proposed to be
sold must be described with common certainty in the notice;@ however, nowhere is
it stated what the term Acommon certainty@ means. For example, it may be that at
the time of the adoption of § 780 of the Probate Code of Guam (1970), the description Aplace of Urunao@ would have been a description Awith common certainty.@ Today, however, that description would almost certainly fail —
unquestionably, if it were so set forth in a deed or other conveyance. For this reason, the Commission has used the term Awith particularity,@ with the additional
caveat that a metes and bounds description is not necessary. The intention is to suggest that the description set forth in a notice of sale should be as particular as
that in a conveyance; e.g., ALot No. , Block No. , Suburban,
Municipality of , Guam,@ would probably be sufficient for the purpose of
the notice of sale under the language of the last sentence of § 2341.

COL120106
15 Guam Code Ann. ESTATES AND PROBATE
CH. 23 PERSONAL REPRESENTATIVE’S DEALINGS WITH ESTATE PROPERTY