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Terms Used In 15 Guam Code Ann. § 2343

  • Probate: Proving a will
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
) Real property of an estate may be sold either at public auction or by private sale.
(b) Sales of real property of an estate at public auction shall be made in the municipality in which the real property lies, but if it lies in two or more municipalities it may be sold in any of them. Such sale shall be made between the hours of 9 o’clock in the morning and the setting of the sun on the same day, and shall be made on the day named in the notice of sale provided in Section 2341 of this Title, unless the same is postponed as provided in subsection (d) of this Section.

(c) Sales of real property of an estate by private sale shall not be made before the day on or after which such sale is to be made, as set forth in the notice of sale provided in Section 2341 of this Title, but must be made within six (6) months thereafter. The bids or offers shall be in writing, and may be left at the place designated in the notice of sale provided in Section 2341 of this Title, or delivered to the personal representative personally. Sales of real property of an estate by private sale may be postponed as provided in subsection (d) of this Section.
(d) If, at the time appointed for any sale of real property of an estate, the personal representative deems it for the interest of all persons concerned therein that the same be postponed, the personal representative may postpone it from time to time, not exceeding in all three (3) months. In the case of the postponement of a sale of real property of an estate at public auction, notice of such postponement shall be given by a public declaration at the time and place first appointed for the sale. In the case of the postponement of a sale of real property of an estate by private sale, notice of such postponement shall be given by public declaration on the day on or after which such sale was to have been made as set forth in the notice of sale provided in Section 2339 of this Title, and by publication by the personal representative in a newspaper of general circulation in the territory of Guam for three (3) consecutive days, the first of which publications shall be not more than seven (7) calendar days after the day on or after which such sale was to have been made as set forth in the notice of sale provided in Section 2339 of this Title.

SOURCE: Subsection (a): Guam Law Revision Commission. Subsection (b): Probate Code of Guam (1970), § 781; Guam Law Revision Commission.

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

Subsection (c): California Probate Code, § 782 (as amended); Guam Law Revision Commission. Subsection (d): Probate Code of Guam (1970), § 783; Guam Law Revision Commission.

COMMENT: Section 2343 brings together all necessary procedural requirements for sales of estate real property. The only major changes from prior law are: the shortening of the time in which a private sale must be made, from one year to six months (subsection (c);) and the addition of a publication requirement for postponement of private sales (subsection (d).)