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Terms Used In 15 Guam Code Ann. § 2379

  • Decedent: A deceased person.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legatee: A beneficiary of a decedent
  • Probate: Proving a will
e Superior Court may authorize the giving of a lease for longer than ten (10) years when the verified petition referred to in Section 2375 of this Title alleges facts showing the need for such longer lease and its advantage to the estate and the persons interested therein. In such case the petitioner shall give such further notice, if any, as the Superior Court

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

of Guam may direct, which notice shall be in addition to the notice provided in Section 3401 of this Title. The Superior Court of Guam shall not authorize the giving of a lease for longer than ten (10) years if any heir, devisee or legatee who has an interest in the property to be leased objects at the hearing.

SOURCE: California Probate Code, § 842.1 (as amended); Guam Law Revision
Commission.

§ 2381. Leasing Estate Property: Execution of Lease; Contents; Effect; Jurisdiction; Effect of Errors or Irregularities.

The personal representative shall execute, acknowledge and deliver the lease as directed by the order referred to in Section 2377 or Section
2379 of this Title, setting forth therein that it is made by authority of such order, and giving the date of such order. Every lease so made shall be effectual to demise and let the premises described, at the rent, for the
term and upon the conditions therein prescribed. Jurisdiction of the Superior Court to administer the estate of the decedent shall be effectual to vest the Superior Court with jurisdiction to make the order for the lease, and such jurisdiction shall conclusively inure to the benefit of the lessee, his heirs and assigns. No omission, error or irregularity in the proceedings shall impair or invalidate the same or the lease made in pursuance thereof.

SOURCE: Probate Code of Guam (1970), § 843.

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