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Terms Used In 15 Guam Code Ann. § 4905

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Probate: Proving a will
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15 Guam Code Ann. ESTATES AND PROBATE
CH. 49 PROBATE ADMINISTRATION OF GUAM LAND CLAIMS AWARDS

(a) Notice of the hearing on a petition for letters testamentary or of administration with the will annexed, or for an order setting aside a land claims award pursuant to § 4909 of this Chapter, or for preliminary or final distribution filed under § 4904(a)(1) of this Chapter, shall be given by publishing notice of such hearing in a daily newspaper of general circulation in Guam for one (1) day, not more than ten (10) calendar days prior to the date set for such hearing. Notice of the hearing on any of the aforesaid petitions, on any petition for preliminary or final distribution, or on any other petition, application or other paper for which a hearing is required, shall also be given as provided in § 3401(b) of this Title, except that such notice shall be served personally or delivered by first class U.S. mail, postage prepared, not less than thirty (30) calendar days prior to the time set for hearing the petition. Registered or certified mailing of said notice shall not be required. The aforesaid notices shall contain the name of the estate, the name of each deceased heir’s estate if direct distribution is requested, the name of the petitioner, applicant or moving party, the nature of the petition, application or paper (referring to the petition, application, or paper for further particulars), and shall state the time and place at which the petition, application or other paper will be heard.
(b) Proof of the giving of notice, as provided in this section, must be made at the hearing; and if it appears to the satisfaction of the Superior Court that said notice has been regularly given, the Superior court shall so find in its order, and such order, when it becomes final, shall be conclusive upon all persons.

(c) The inability of a petitioner or personal representative to deliver or mail notice of a petition for letters or for a decree of preliminary or final distribution to each person entitled to such notice shall not preclude the issuance of letters or entry of a decree of preliminary or final distribution, if the Superior Court determines that notice cannot with due diligence be given for lack of information concerning the identity, location or mailing address of every person entitled to notice.
(d) Notice required to be given to a minor or incompetent person who has no legal guardian may be given as provided in the preceding subsection (a) to such minor or incompetent person in care of a parent or, if none, then in care of any person of legal age with whom the minor or incompetent person resides. An award, or share therein, distributed to minor or incompetent person who has no legal guardian shall be delivered as provided in § 3023 of this Title.

COL120106
15 Guam Code Ann. ESTATES AND PROBATE
CH. 49 PROBATE ADMINISTRATION OF GUAM LAND CLAIMS AWARDS