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2022 Guam Statutes
Title 15 - Estates & Probate
Appendix A: Official Forms

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15 GCA ESTATES AND PROBATE APPENDIX A OFFICIAL FORMS APPENDIX A OFFICIAL FORMS OFFICIAL FORM NO. 1 IN THE SUPERIOR COURT OF GUAM IN THE MATTER OF THE ESTATE OF ) ) ) __________________, ) Deceased. ) ____________________) ) PROBATE CASE NO._____ PROOF OF SUBSCRIBING WITNESS I, the undersigned, state: a. I am one of the subscribing witnesses to the instrument of which Attachment 1 is a photocopy. I have examined Attachment 1 and my signature is at the end of it. b. [ ] The name of the decedent was subscribed at the end of the instrument in the presence of the subscribing witnesses, present at the same time, by: (1) [ ] The decedent personally (2) [ ] Another person in the presence of, and by the direction of, the decedent. c. [ ] The decedent acknowledged in the presence of the subscribing witnesses, present at the same time, that the decedent's name was subscribed at the end of the original instrument by: (1) [ ] The decedent personally (2) [ ] Another person in the presence of, and by the direction of, the decedent. d. At the time of subscribing or acknowledging the instrument the decedent declared to the subscribing witnesses that it was decedent's [ ] will [ ] codicil. Then at the decedent's request and in the decedent's presence, the other subscribing witnesses and I, in the presence of each other, signed as witnesses at the end thereof. 1 COL120106 15 GCA ESTATES AND PROBATE APPENDIX A OFFICIAL FORMS e. At that time the decedent was over eighteen (18) years of age and appeared to be of sound mind. f. I have no knowledge of any facts indicating that the instrument, or any part of it, was procured by duress, menace, fraud, or undue influence. I certify or declare under penalty of perjury that the foregoing is true and correct and that this declaration is executed on the ___________ day of _________, 19__, at _________ ______________________, territory of Guam. [Type or print name and address of witness]: __________________________________________ [Signature of witness] __________________________________ __________________________________ ATTORNEY'S CERTIFICATION I am an attorney at law, duly admitted to the practice of law in the territory of Guam. I certify or declare under penalty of perjury that Attachment 1 hereto is a photocopy of each and every page of the [ ] will [ ] codicil presented for probate and that this declaration is executed on the ____ day of ______ 20__, at __________, territory of Guam. [Type or print attorney's name and address]: __________________________________________ [Signature of attorney] ________________________________ ________________________________ 2 COL120106 15 GCA ESTATES AND PROBATE APPENDIX A OFFICIAL FORMS OFFICIAL FORM NO. 2 IN THE SUPERIOR COURT OF GUAM IN THE MATTER OF ) THE ESTATE OF ) ) ) ) ) ) ) ) ______________, ) ) Deceased. ) ) ____________________) PROBATE CASE NO. [ ] Probate of Will and for Letters Testamentary. PETITION FOR: [ ] Probate of Will and for Letters of Administration with the Will Annexed. [ ] Letters of Administration. 1. Petitioner, [Name] ______________________, requests that: a. [ ] The decedent's will and codicils if any be admitted to probate. b. [ ] [Name] _______________be appointed (1) [ ] Executor (2) [ ] Administrator with the will annexed (3) [ ] Administrator c. [ ] Security for the faithful performance of _____ _________________________ as personal representative upon the estate of the decedent, as required by Subchapter B of Chapter 20 of the Probate Code of Guam, takes the following form: and be in the following amount: $_____.__ with the following named persons or corporation(s) as sureties (if applicable): 2. Jurisdictional facts concerning the decedent: Decedent died on the _____ day of _____________, ______: a. [ ] A resident of the territory of Guam. b. [ ] A nonresident of the territory of Guam and left an estate in the territory of Guam. 3. Testacy or intestacy: 3 COL120106 15 GCA ESTATES AND PROBATE APPENDIX A OFFICIAL FORMS a. [ ] Presented herewith are decedent's will, dated the ____ day of ________________, _____, and [ ] codicils, dated ____________________________, copies of which are attached hereto. b. [ ] Decedent died intestate. 4. Character and estimated value of the property of the estate: a. [ ] Separate property: (1) Real property ................ $_______ (2) Personal property ............ $_______ (3) Annual income from real and personal property ....... $_______ (4) Total of (2) and (3) ..........$_______ b. [ ] Community property: (1) Real property .................$_______ (2) Personal property .............$_______ (3) Annual income from real and personal property ........$_______ (4) Total of (2) and (3) ..........$_______ 5. Appointment of personal representative: a. [ ] Appointment of executor or of administrator with the will annexed: (1) [ ] Petitioner is named as executor in the will. (2) [ ] Petitioner has been designated executor pursuant to the provisions of § 1705 of the Probate Code of Guam. (3) [ ] No executor is named in the will. (4) [ ] The person named as executor in the will (1) [ ] Is dead (2) [ ] Has renounced his right to letters testamentary (3) [ ] Will not serve for other reasons, as set forth in Attachment 5.a.(4)(3). b. [ ] Appointment of administrator: (1) [] Petitioner is related to decedent as:_________________________________. (2) [ ] Decedent's surviving spouse has requested the petitioner's appointment, pursuant to the provisions of § 1805(a)(1) of the Probate Code of Guam (see Attachment 5.b.(2).) (3) [ ] Petitioner is a creditor of the decedent. 4 COL120106 15 GCA ESTATES AND PROBATE APPENDIX A OFFICIAL FORMS (4) [ ] Petitioner is a person competent to be appointed under the provisions of § 1801 of the Probate Code of Guam, and requests appointment under the provisions of § 1805(a)(9) of the Probate Code of Guam. 6. Facts concerning heirs: a. [Complete in all cases.] Decedent is survived by: [ ] Spouse [ ] No spouse [ ] Child[ren] [ ] No child[ren] [ ] Issue of prede- [ ] No issue of predeceased ceased child child [ ] Parent [ ] No parent b. No surviving child or issue of a predeceased child has been omitted from the list of heirs set forth hereinbelow. c. [Complete only if no spouse or issue survive the decedent.] (1) [ ] The decedent had no predeceased spouse. (2) [ ] The decedent had a predeceased spouse whose heirs are named in the list of heirs set forth herein below. d. [Complete only if no parent or issue survived the decedent.] (1) [ ] The decedent is survived by a brother or sister or issue of a predeceased brother or sister, and none has been omitted from the list of heirs set forth hereinbelow. (2) [ ] The decedent is survived by no brother or sister or issue of a predeceased brother or sister. 7. [Complete only if the admission to probate of a lost or destroyed will is sought.] [ ] Decedent's will has been [ ] lost [ ] destroyed, and the testamentary words or the substance thereof are set forth in Attachment 7. 8. The names, addresses, relationships and ages of heirs, devisees, and legatees, so far as known to petitioner, are: Name: Address: Relationship: Age: [List additional names, addresses, relationships and ages in an Attachment] 9. The petitioner's address is: And his/her age is ______________________. 5 COL120106 15 GCA ESTATES AND PROBATE APPENDIX A OFFICIAL FORMS I certify under penalty of perjury that the foregoing is true and correct and that this declaration is executed on the ________ day of _____________, 20_____, at _______________, territory of Guam. [Type or print name and address of petitioner, if petitioner executes petition; or of petitioner's attorney, if attorney executes petition]: __________________________________________ [Signature] _______________________________ _______________________________ 6 COL120106 15 GCA ESTATES AND PROBATE APPENDIX A OFFICIAL FORMS OFFICIAL FORM NO. 3 IN THE SUPERIOR COURT OF GUAM TERRITORY OF GUAM IN THE MATTER OF THE ESTATE ) ) PROBATE CASE NO.____ ) ) OF ) ) NOTICE OF HEARING ) PETITION _______________, ) ) Deceased. ) ____________________) THIS NOTICE IS REQUIRED BY LAW. YOU ARE NOT REQUIRED TO APPEAR IN COURT UNLESS YOU DESIRE. 1. NOTICE IS HEREBY GIVEN that ____________ has filed a petition for a. [ ] Probate of will and for letters testamentary b. [ ] Probate of will and for letters of administration with the will annexed c. [ ] Letters of administration upon the estate of the decedent named above, reference to which petition is hereby made for further particulars. 2. A hearing on the petition is set for the _______ day of ______, 20__, at ___ o'clock __.M. of the said date, in the courtroom of the Superior Court of Guam, Agana, Guam. DATED this ________ day of ___________, 20__: ____________________________________ Clerk, Superior Court of Guam 7 COL120106 15 GCA ESTATES AND PROBATE APPENDIX A OFFICIAL FORMS CLERK'S CERTIFICATE OF POSTING AND PUBLICATION I certify that I am not a party to this cause and that a copy of the foregoing Notice of Hearing Petition was posted on the bulletin boards of the Superior Court of Guam, the Guam Legislature, and the Administration Building of the Government of Guam, all in Agana, Guam; in the following listed other places in Agana [list with particularity]: and on the bulletin boards of the Commissioners in the following listed municipalities in the territory of Guam [list with particularity]: on the ____ day of __________, 19___. I further certify that the foregoing Notice of Hearing Petition was published in the ___________________________, a newspaper of general circulation in the territory of Guam, on the _______ day(s) of _________, 19__, all pursuant to the provisions of Section 1515 of the Probate Code of Guam. DATED this _____ day of _____________, 19__: ________________________________ Clerk, Superior Court of Guam 8 COL120106 15 GCA ESTATES AND PROBATE APPENDIX A OFFICIAL FORMS OFFICIAL FORM NO. 4 IN THE SUPERIOR COURT OF GUAM TERRITORY OF GUAM IN THE MATTER OF THE ESTATE ) ) PROBATE CASE NO. ) ) ORDER FOR PROBATE, OF ) APPOINTING: ) ) [ ] Executor ) __________________, ) [ ] Administrator ) with the Will Annexed Deceased. ) ) [ ] Administrator ____________________) On the ____ day of ______, 20__, a hearing was held before the Honorable ____________, Judge of the Superior Court of Guam, in the matter of the estate of the decedent above named. THE COURT FINDS: 1. That all notices required by law have been given. 2. That the decedent died on the ____ day of __________, 20___, a. [ ] A resident of Guam. b. [ ] A nonresident of Guam leaving estate in Guam. 3. a. [ ] That the decedent's will dated ______ and each codicil dated ______, together constitute the decedent's last will, and as such are admissible to probate before the Superior Court of Guam. b. [ ] That the decedent died intestate. IT IS THEREFORE HEREBY ORDERED: 4. a. [ ] That the decedent's will dated ______ and each codicil dated ______ are admitted to probate before the Superior Court of 9 COL120106 15 GCA ESTATES AND PROBATE APPENDIX A OFFICIAL FORMS Guam; and that ______________________________________, whose address is _____________________, territory of Guam, is appointed (1) [ ] Executor (2) [ ] Administrator with the will annexed upon the estate of the decedent. letters [ ] testamentary [ ] of administration with the will annexed are granted to the said _____________, and shall issue upon [ ] his [ ] her qualification. b. [ ] That the decedent died intestate; and that ___________________________, whose address is ____________________________, territory of Guam, is appointed administrator upon the estate of the decedent. Letters of administration are granted to the said ______________________ and shall issue upon [ ] his [ ] qualification. 5. Security for the faithful performance of _____________________________ as personal representative upon the estate of the decedent, as required by Subchapter B of Chapter 20 of the Probate Code of Guam, shall take the following form: and be in the following amount: $______, with the following named persons or corporation(s) as sureties [if applicable]: DATED this ___ day of ________, 19___: ____________________________________ Judge, Superior Court of Guam 10 COL120106
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