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Terms Used In 15 Guam Code Ann. § 3349

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.
  • Probate: Proving a will
  • Trustee: A person or institution holding and administering property in trust.
The Superior Court may, in its discretion, grant the petition referred to in Section 3345 of this Title and order the trustee to transfer the trust assets or to change the place of administration to the other jurisdiction if, after the hearing, it appears to the Superior Court:

(a) That the transfer of the trust assets to a trustee in a State or another United States territory, or that the transfer of the place of administration of the trust to a State or another United States territory, would facilitate the economical and convenient administration of the trust and promote the best interests of the trust and those interested therein;

(b) That the substantial rights of residents of the territory of
Guam will not be materially affected thereby;

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CH. 33 ADMINISTRATION OF TRUSTS

(c) That the transfer will not violate the terms of the trust; and

(d) That any new trustee, to whom the trust assets are to be transferred, is qualified and able to administer the trust or such assets upon the same trusts.

SOURCE: California Probate Code, § 1139.4.