If a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by his representative, after the expiration of that time, and within six (6) months from his death. If a person against whom an action may be brought dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his representatives, after the expiration of that time, and within one (1) year after the issuing of letters testamentary or of administration, or an action against the estate provided for by 15 Guam Code Ann. 2523 may be commenced within one (1) year after the expiration of the time otherwise limited for the commencement thereof.

SOURCE: CCP § 353.

COMMENT: The editor to the 1970 Guam Codes refers, as a note to this section, to FRCP Rule 25 as requiring that substitution of parties must be within ninety (90) days of suggestion of death on the record. However, it seems to the Compiler that this Section and Rule 25 are not related. This Section permits the bringing of action after the death of one who would have been the party. Rule 25 requires substitution of parties in actions that have already begun before the relevant death.