15 Guam Code Ann. § 4910
Terms Used In 15 Guam Code Ann. § 4910
- 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.
- Decedent: A deceased person.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Probate: Proving a will
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
(b) Any successor to the decedent entitled to the award or a portion thereof is authorized to collect and distribute the award to the proper heirs or distributees upon filing with the Court a certified copy of the death certificate of the decedent and an affidavit stating that:
(1) The award does not exceed $15,000 after deduction of costs and attorney’s fees awarded or distributed by the Court;
(2) No probate proceedings or petition to commence such proceedings are pending in Guam;
(3) The applicant is a successor-in- interest of the decedent entitled to collect the award or a part thereof and explaining the relationship of the applicant to the decedent;
(4) The names and mailing addresses (if known) of the persons entitled to share in the award, their relationship to the decedent, and their respective interests in the award;
(5) Not less than thirty (30) days before filing the affidavit with the Court, the applicant will send by pre-paid mail, certified or registered, return receipt requested, a copy of the affidavit to each person entitled to share in the award for whom a mailing address is known, together with notice that if such a person objects to the proposed plan of distribution he shall file a written objection with the Court before the expiration of the thirty-(30-)day period; the applicant shall file with such affidavit sworn proof of such mailing.
(6) Either the Public Defender, an attorney member of the office of the Attorney General, a judge of the Superior Court, or a judge pro tem, appointed by the presiding judge of the Superior Court to assist in such cases, (which representative shall also exe-
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CH. 49 PROBATE ADMINISTRATION OF GUAM LAND CLAIMS AWARDS
cute the affidavit) finds the applicant’s plan of distribution to be fair and equitable.
(7) The applicant will, upon collection of the award, endeavor in good faith and with reasonable diligence to distribute the award to those entitled by the Guam laws of succession to shares therein.
If any person entitled to the award or any portion thereof cannot be found (therefore making it impossible to distribute same to him), such award or portion thereof allocable to him shall be deposited in a trust account in the Superior Court of Guam for a period not to exceed five (5) years. At the expiration of five (5) years if the person cannot be found the Clerk of Court shall distribute the award pro rata to those entitled thereto by the laws of succession;
(c) No person delivering an award exempt from administration under this section shall be liable for any loss or damage whatsoever to anyone, or be responsible for seeing to the proper distribution of the award, or is required to inquire into the truth of any statement in the affidavit. Any person to whom an award is delivered pursuant to this section is answerable and accountable therefor to any personal repre- sentative of the decedent’s estate or to any other person having a right to the award or any portion thereof.
SOURCE: Repealed and Reenacted by P.L. 20-7:3.