e petition referred to in Section 2911 of this Title may be filed with the Clerk of the Superior Court at any time after the time to file or present claims has expired, and before the distribution of the property to be affected has been ordered. The petition shall describe the property and give the names of the persons having or claiming the undivided interests and shall state what those interests are, so far as known to the petitioner. Thereupon a citation shall be issued by the Clerk of the Superior Court directed to the persons, other than the petitioner, who are entitled to distribution of the undivided interests, and to the personal representative, directing them to answer the petition within thirty (30) calendar days after service of the citation. The citation shall be served in the manner provided by law for the service of a summons in a civil action. If there is unreasonable delay in serving the citation, the Superior Court may dismiss the proceeding.

SOURCE: California Probate Code, § 1101 (as amended).

COMMENT: The only alteration to § 1101 of the Probate Code of Guam (1970) is the following change in the second-to-last sentence: where it previously read, A… personally or by publication in the same manner as a summons in a civil action …@, it now reads, A… in the manner provided by law for the service of summons in a civil action.@

COL120106
15 Guam Code Ann. ESTATES AND PROBATE
CH. 29 ADVANCEMENTS, ADEMPTION, PARTITION BEFORE DISTRIBUTION

§ 2915. Partition Before Distribution: Setting for Hearing and
Notice; Parties to Proceeding.
When all the persons in interest have appeared or are in default on a proceeding for partition as described in this Chapter, the Clerk of the Superior Court shall set the matter for hearing by the Superior Court. The persons in interest who have filed written appearances shall be considered the parties to the proceeding, and each shall be entitled to five (5) calendar days’ notice of the hearing. No one shall be considered as a plaintiff or as a defendant.

SOURCE: Probate Code of Guam (1970), § 1102.

§ 2917. Partition Before Distribution: Division and Allocation of
Property; Sale; Acceptance of Undivided Interests.
The Superior Court, at the hearing provided for in Section 2915 of this Title, shall proceed to take evidence and to partition, allot, and divide the property so that each party shall receive property of a value proportionate to his interest in the whole, and for that purpose the Superior Court may direct the personal representative to sell any property which cannot be partitioned without great prejudice to the owners and which cannot conveniently be allotted to any one party. The sale shall be conducted and confirmed in the same manner as other probate sales. Any two or more parties may agree to accept undivided interests.
SOURCE: Probate Code of Guam (1970), § 1103.