e decedent‘s surviving spouse and minor children are entitled to remain in possession of the homestead, the wearing apparel of the family, the household furniture, and other property of the decedent exempt from execution, until the inventory is filed in the Superior Court. Thereupon, or at any subsequent time during the administration, the Superior Court of Guam, on petition therefor, may in its discretion set apart to the surviving spouse, or, in case of the surviving spouse’s death, to the minor child or children of the decedent, all or any part of the property of the decedent exempt from execution, and must set apart to such spouse or to such minor child or children the homestead selected, designated and recorded, if such homestead was selected from the community property, or from property to which Section 1101 of this

COL120106
15 Guam Code Ann. ESTATES AND PROBATE
CH. 24 SUPPORT OF FAMILY: HOMESTEAD AND
EXEMPT PROPERTY, FAMILY ALLOWANCE
Title is applicable, or from the separate property of the person selecting or joining in the selection of the same.

SOURCE: Probate Code of Guam (1970), § 660.

COMMENT: Chapter 24 covers two broad subject-matter areas: homestead and family allowance. Both of these areas are subsumed under the general notion of support of the family during the administration of the decedent’s estate. More specific comments concerning the two types of homestead, and concerning the award of a family allowance, are contained in certain of the Comments to succeed- ing Sections within Chapter 24. A few general comments concerning the setting aside of the homestead to the surviving family, are, however, in order here.

Section 2401 provides that the surviving family may keep possession of the homestead, clothing, household effects and other property of the decedent exempt from execution, pending the filing of the inventory. After the inventory is filed, the Court may set aside to the family any of the decedent’s property exempt from execution, and it must set aside a previously-selected homestead (unless it was selected by the surviving spouse out of the decedent’s separate property, without the decedent’s having joined in the selection) — in either case, upon petition therefor. The purpose underlying the homestead legislation (both in the Civil Code and in the Probate Code) is to provide a place for the surviving family where they may dwell in peace and serenity, conscious that it cannot be taken from then by reason of their own necessity or improvidence, or from the importunity of their creditors. See Estate of Kachigan (1942), 20 C.2d 787, 128 P.2d 865. The policy of the law in this area is so strong that if no homestead has been declared under the provisions of the Civil Code, then upon the decedent’s death the court will declare a homestead for the surviving family. These points will be addressed in more detail in the Comments to some of the subsequent Sections in this Chapter.