2025 Guam Statutes Title 15 - Estates and Probate Division 3 - Administration of Decedents’ Estates Chapter 29 - Advancements, Ademption, Partition Before Distribution
Universal Citation:
15 Guam Code §§ 2901 - 2923 (2025)
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15 GCA ESTATES AND PROBATE
CH. 29 ADVANCEMENTS, ADEMPTION, PARTITION BEFORE DISTRIBUTION
CHAPTER 29
ADVANCEMENTS, ADEMPTION, PARTITION BEFORE DISTRIBUTION
§ 2901. Gifts Before Death as Ademptions; When to be Taken as
Advancements.
§ 2903. Advancements: Treated as Part of Estate; Deduction From
Share of Donee.
§ 2905. Advancement: Value of Property Advanced.
§ 2907. Advancements to Predeceased Heir.
§ 2909. Advancements: Determination of Questions.
§ 2911. Partition Before Distribution: Parties Entitled to Petition.
§ 2913. Partition Before Distribution: Petition; Time for Filing;
Contents; Citation.
§ 2915. Partition Before Distribution: Setting for Hearing and Notice;
Parties to Proceeding.
§ 2917. Partition Before Distribution: Division and Allocation of
Property; Sale; Acceptance of Undivided Interests.
§ 2919. Partition Before Distribution: Reference; Appointment and
Power of Referees.
§ 2921. Partition Before Distribution: Costs a Lien on Property;
Apportionment of Expenses; Attorney's Fees.
§ 2923. Partition Before Distribution: Allotment By Court; Effect;
Review.
§ 2901. Gifts Before Death as Ademptions; When to be Taken as
Advancements.
A gift before death shall be considered as an ademption of a bequest
or devise of the property given; but such gifts shall not be taken as an
advancement to an heir or as an ademption of a general legacy unless
such intention is expressed by the testator in the grant or otherwise in
writing, or unless the donee acknowledges it in writing to be such.
SOURCE: Probate Code of Guam (1970), § 1050.
§ 2903. Advancements: Treated as Part of Estate; Deduction From
Share of Donee.
Any property, real or personal, given by the decedent in the
decedent's lifetime as an advancement to an heir, is a part of the state of
the decedent for the purposes of division and distribution thereof among
the decedent's heirs, and must be taken by such heir toward his share of
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15 GCA ESTATES AND PROBATE
CH. 29 ADVANCEMENTS, ADEMPTION, PARTITION BEFORE DISTRIBUTION
the estate of the decedent. If the amount of such advancement exceeds
the share of the heir receiving the same, such heir must be excluded from
any further portion in the division and distribution of the estate, but such
heir shall not be required to refund any part of such advancement. If the
amount so received is less than such heir's share, such heir is entitled to
so much more as will give such heir his full share of the estate of the
decedent.
SOURCE: Probate Code of Guam (1970), § 1051.
§ 2905. Advancement: Value of Property Advanced.
If the value of the property advanced as set forth in Section 2903 of
this Title is expressed in the conveyance, or in the charge thereof made
by the decedent, or in the acknowledgment of the party receiving it, it
must be held as of the that value in the division and distribution of the
estate; otherwise, it must be estimated according to its value when given,
as nearly as the same can be ascertained.
SOURCE: Probate Code of Guam (1970), § 1052.
§ 2907. Advancements to Predeceased Heir.
If an heir receiving an advancement dies before the decedent,
leaving heirs, the advancement must be taken into consideration in the
division and distribution of the estate, and the amount thereof must be
allowed accordingly by the representative or successors in interest of the
heir receiving the advancement, in like manner as if the advancement had
been made directly to them.
SOURCE: Probate Code of Guam (1970), § 1053.
§ 2909. Advancements: Determination of Questions.
All questions as to advancements made, or alleged to have been
made, by the decedent to his heirs, may be heard and determined by the
Superior Court, and must be specified in the decree assigning and
distributing the estate; and the decree of the Superior Court, when it
becomes final, is conclusive on all parties interested in the estate.
SOURCE: Probate Code of Guam (1970), § 1054.
§ 2911. Partition Before Distribution: Parties Entitled to Petition.
When two or more heirs, devises or legatees are entitled to the
distribution of undivided interests in any real or personal property of the
decedent and they have not agreed among themselves, before distribu-
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CH. 29 ADVANCEMENTS, ADEMPTION, PARTITION BEFORE DISTRIBUTION
tion, to a partition, allotment or other division thereof, any one or more
of them, or the personal representative, at the request of any one or more
of them, may petition the Superior Court to make such partition,
allotment or division of the property as will be equitable and will avoid
the distribution of undivided interests.
SOURCE: Probate Code of Guam (1970), § 1100.
COMMENT: Sections 2911 - 2929, inclusive, have been largely taken from §§
1100 - 1106 of the Probate Code of Guam (1970). The only change made by the
Commission has been a slight alteration of the wording of § 2913, following the
California model; see Comment to § 2913. The other changes to §§ 2911 - 2923,
inclusive, have been made merely to indicate that the provisions of those Sections
cover a different subject-matter area than the provisions of §§ 2901 - 2909,
inclusive. Under the Probate Code of Guam (1970) this was not a problem, because
the provisions concerning partition before distribution occupied their own chapter.
The Commission has conflated these provisions with the provisions concerning
advancements and ademptions into a single Chapter for the sake of convenience
and efficiency; however, it is not the Commission's intention to alter the substantive
provisions of either subject-matter area to any greater extent than might be gleaned
from the texts of the Sections in Chapter 29, or from the Comments thereto.
§ 2913. Partition Before Distribution: Petition; Time for Filing;
Contents; Citation.
The petition referred to in Section 2911 of this Title may be filed
with the Clerk of the Superior Court at any time after the time to file or
present claims has expired, and before the distribution of the property to
be affected has been ordered. The petition shall describe the property and
give the names of the persons having or claiming the undivided interests
and shall state what those interests are, so far as known to the petitioner.
Thereupon a citation shall be issued by the Clerk of the Superior Court
directed to the persons, other than the petitioner, who are entitled to
distribution of the undivided interests, and to the personal representative,
directing them to answer the petition within thirty (30) calendar days
after service of the citation. The citation shall be served in the manner
provided by law for the service of a summons in a civil action. If there is
unreasonable delay in serving the citation, the Superior Court may
dismiss the proceeding.
SOURCE: California Probate Code, § 1101 (as amended).
COMMENT: The only alteration to § 1101 of the Probate Code of Guam (1970) is
the following change in the second-to-last sentence: where it previously read, A...
personally or by publication in the same manner as a summons in a civil action ...@,
it now reads, A... in the manner provided by law for the service of summons in a
civil action.@
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§ 2915. Partition Before Distribution: Setting for Hearing and
Notice; Parties to Proceeding.
When all the persons in interest have appeared or are in default on a
proceeding for partition as described in this Chapter, the Clerk of the
Superior Court shall set the matter for hearing by the Superior Court. The
persons in interest who have filed written appearances shall be
considered the parties to the proceeding, and each shall be entitled to five
(5) calendar days' notice of the hearing. No one shall be considered as a
plaintiff or as a defendant.
SOURCE: Probate Code of Guam (1970), § 1102.
§ 2917. Partition Before Distribution: Division and Allocation of
Property; Sale; Acceptance of Undivided Interests.
The Superior Court, at the hearing provided for in Section 2915 of
this Title, shall proceed to take evidence and to partition, allot, and divide
the property so that each party shall receive property of a value
proportionate to his interest in the whole, and for that purpose the
Superior Court may direct the personal representative to sell any property
which cannot be partitioned without great prejudice to the owners and
which cannot conveniently be allotted to any one party. The sale shall be
conducted and confirmed in the same manner as other probate sales. Any
two or more parties may agree to accept undivided interests.
SOURCE: Probate Code of Guam (1970), § 1103.
§ 2919. Before Distribution: Reference; Appointment and Power of
Referees.
In a proceeding for partition as described in this Chapter, the
Superior Court may, in its discretion, appoint one or three referees to
partition property capable of being divided, if requested to do so by any
party in interest. The number of referees appointed must conform to the
request of at least one of the parties. The referees shall have the powers
and perform the duties of referees in civil actions for partition, and the
Superior Court shall have the same powers with respect to their report as
in such actions.
SOURCE: Probate Code of Guam (1970), § 1104.
§ 2921. Partition Before Distribution: Costs a Lien on Property;
Apportionment of Expenses; Attorney's Fees.
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CH. 29 ADVANCEMENTS, ADEMPTION, PARTITION BEFORE DISTRIBUTION
The expenses of a partition provided by this Chapter shall be
equitably apportioned by the Superior Court among the parties, but each
party must pay his own attorney's fees. The amount charged to each party
shall constitute a lien on the property allotted to him.
SOURCE: Probate Code of Guam (1970), § 1105.
§ 2923. Partition Before Distribution: Allotment by Court; Effect;
Review.
The allotment made by the Superior Court in a proceeding for
partition as described in this Chapter shall control upon proceedings for
distribution, unless modified for good cause upon reasonable notice, and
the proceedings leading to such allotment may be reviewed upon appeal
from the decree of distribution.
SOURCE: Probate Code of Guam (1970), § 1106.
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