Guam § 1007 - Surviving Spouse's Ability to Deal With Community

§ 1007. Surviving Spouse's Ability to Deal With Community

Property; Notice of Claim of Another Under Decedent's Will; Such

Property Treated as If It Were Surviving Spouse's Separate

Property.

After ninety (90) calendar days from death of a married person, the

surviving spouse of such person or the personal representative or

guardian of the estate of such surviving spouse shall have full power to

sell, lease, mortgage or otherwise deal with and dispose of the

community real property, unless a notice is recorded in the Department

of Land Management of the Government of Guam to the effect that an

interest in the property is claimed by another under the will of the

deceased spouse. Such notice must also describe the property in which

such interest is claimed, and set forth the name or names of the owner or

owners of the record title to the property. There shall be endorsed upon

such notice instructions that it shall be indexed by the Department of

Land Management of the Government of Guam in the name or names of

the owner or owners of the record title to the property, as grantor or

grantors, and in the name of the person claiming an interest in the

property, as grantee. The right, title and interest of any grantee,

purchaser, encumbrancer, or lessee shall be as free of rights of devisees

or creditors of the deceased spouse to the same extent as if the property

had been owned as the separate property of the surviving spouse.