Terms Used In 7 Guam Code Ann. § 35101

  • Decedent: A deceased person.
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • 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.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
At any time after two years after the death of any decedent, leaving property to which the Government of Guam is entitled by reason of its having escheated to the Government of Guam, the Attorney General shall commence a proceeding on behalf of the Government of Guam in the court having jurisdiction to have it adjudged that the Government of Guam is so entitled. Such action shall be commenced by filing a petition, which shall be treated as the information elsewhere referred to in this Chapter. There shall be set forth in such petition a description of the property, the name of the person last possessed thereof, the name of the person, if any, claiming such property, or any portion thereof, and the facts and circumstances by virtue of which it is claimed the property has escheated.
Upon the filing of such petition, the court must make an order requiring all persons interested in the estate to appear and show cause, if any they have, within sixty (60) days from the date of the order, why such estate should not vest in the Government of Guam. Such order must be posted for four successive weeks on the public bulletin boards in Agana and, in case of real estate, a copy thereof on the property. Upon the completion of the publication of such order the court shall have full and complete jurisdiction over the estate, the property, and the person of everyone having or claiming any interest in the said property and shall have full and complete jurisdiction to hear and determine the issues therein, and render the appropriate judgment thereon.

If proceedings for the administration of such estate have been instituted, a copy of such order must be filed with the papers in such estate.

COL 03082011
7 Guam Code Ann. CIVIL PROCEDURE
CH. 35 ESCHEATED ESTATES

if proceedings for the administration of any estate of any such decedent have been instituted and none of the persons entitled to succeed thereto has appeared and made claim to such property, or any portion thereof, before the decree of final distribution thereon is made, or before the commencement of such proceeding by the Attorney General, or if the court shall find that such persons as have appeared are not entitled to the property of such estate, or of any portion thereof, the court shall, upon final settlement of the proceedings for the administration of such estate, after the payments of all debts and expenses of administration, distribute all moneys and other property remaining to the Government of Guam. The property so distributed shall be held by the Treasurer of Guam for a period of five years from the date of the decree making such distribution within which time the same may be claimed in the manner in this Chapter hereafter provided. Any person who does not appear and claim as herein required shall be forever barred, and such property or so much thereof as is not so claimed shall vest absolutely in the Government of Guam.
In any proceedings brought by the Attorney General under this Chapter, any two or more parties and any two or more causes of action may be joined in the same proceeding and in the same petition without being separately stated, and it shall be sufficient to allege in the petition that the decedent left no heirs to take the estate, and the failure of heirs to appear and set up their claims in any such proceeding, or in any proceedings for the administration of such estate, shall be sufficient proof upon which to have the judgment in any such proceeding or such decree of distribution.

SOURCE: CCP § 1269.

NOTE: Island Attorney and Island Court have been changed to Attorney General and Superior Court, respectively, by authority of P.L. 10-1 (amending 5 Guam Code Ann. § 30196) and P.L 12-85, respectively.
‘ 35102. Action to Determine Government’s Right to Property.

Whenever the Attorney General is informed that any estate has escheated or is about to escheat to the Government of Guam or that the property involved in any action or special proceeding has escheated or is about to escheat to the Government of Guam, he may commence an action on behalf of the Government of Guam to determine its rights to said property or may intervene on its behalf in any action or special proceeding affecting any such estate and contest the rights of any claimant or claimants thereto.
SOURCE: CCP § 1269a.