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Terms Used In 15 Guam Code Ann. § 3105

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • Legatee: A beneficiary of a decedent
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Probate: Proving a will
(a) The receipt of the affiant or affiants referred to in Sections 3101 and 3103 of this Title shall constitute sufficient acquittance for the payment of money or delivery of property made pursuant to the provisions of Section 3101 and 3103 of this Title and shall fully discharge such person, representative, corporation, officer or body from any further liability with respect thereto, without the necessity of inquiring into the truth of any of the facts stated in the affidavit. But such payment or transfer shall not preclude administration upon the decedent‘s estate when necessary to enforce payment of the decedent’s debts.

(b) When the money or property claimed under the provisions of Section 3101 or Section 3103 of this Title is that of a deceased heir or legatee of a person whose estate is in probate, the personal representative of the person whose estate is in probate shall first present the affidavit referred to in Section 3101 or Section 3103 of this Title to the Superior

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15 Guam Code Ann. ESTATES AND PROBATE
CH. 31 DISPOSITION OF ESTATES OF SMALL VALUE

Court and the Superior Court shall direct such personal representative to pay the money or deliver the property to the affiant or affiants to the extent that the decree of distribution shall determine that such heir or legatee was entitled thereto under the will or the laws of succession.

SOURCE: Subsection (a): California Probate Code, § 631 (as amended). Subsection (b): California Probate Code, § 631.1.

§ 3107. Exclusion of Joint Tenancy, Life Estate or Other Estate
Terminable at Death.

For the purposes of this Article, any property or interest therein or lien thereon which, at the time of the decedent’s death, was held by the decedent as joint tenant, or in which the decedent had a life estate or other estate terminable upon the decedent’s death, shall be excluded in determining the property or estate of the decedent or its value.

SOURCE: California Probate Code, § 632.

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ARTICLE 2
SETTING ASIDE ESTATES NOT EXCEEDING $75,000.00