Guam § 2115 - Revocation of Personal Representative's Letters for Cause;
Full text of Guam Guam Code Annotated § 2115 — Revocation of Personal Representative's Letters for Cause;, with citation guidance and answers to common questions.
§ 2115. Revocation of Personal Representative's Letters for Cause;
Notice; Procedure.
(a) Whenever the Superior Court of Guam has reason to believe,
whether from its own knowledge or from credible information received,
that the personal representative or all co-personal representatives
(1) have become incompetent to execute the duties of the trust
by reason of ceasing to be residents of the territory of Guam, or
(2) have become incompetent to execute the duties of the trust
by reason of ceasing to be physically present in the territory of
Guam, or
(3) have become incompetent to execute the duties of the trust
by reason of drunkenness, improvidence, or want or understanding
or integrity, or
(4) have wasted, embezzled or mismanaged the property of the
estate committed to their charge, or
(5) are about to waste or embezzle the property of the estate
committed to their charge, or
(6) have wrongfully neglected the estate, or
(7) have for a period of one (1) year neglected to perform any
act as such personal representatives, the Superior Court shall direct
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the Clerk of the Superior Court to set the time and place of a hearing
thereon, which hearing shall be held not more than thirty (30) days
thereafter, and the Superior Court of Guam shall cite such personal
representative, or all such co-personal representatives, then and
there to appear and show cause why their letters should not be
revoked.
(b) Personal service of the citation provided in subsection (a) of this
Section shall be made upon such personal representative, or upon all
such co-personal representatives, by the Office of the Marshal of the
Superior Court of Guam; provided, that if after due diligence by the
Office of the Marshal of the Superior Court of Guam such personal
representative or all such co-personal representatives cannot be found, or
if they conceal themselves, or if they have absconded, or if they are not
physically present in the territory of Guam, notice of the pendency of the
proceedings may be given to those upon whom such personal service
cannot be effected by publication, in such manner as the Superior Court
of Guam may direct, and the Superior Court of Guam may proceed upon
such notice as if such citation had been personally served. Notice of the
hearing provided in subsection (a) of this Section shall also be given in
the manner provided in Section 3401 of this Title.
(c) The Superior Court of Guam may suspend the powers of such
personal representative, or of all such co-personal representatives,
pending the hearing provided in subsection (a) of this Section; provided,
that if such personal representative or all such co-personal represen-
tatives cannot be found after due diligence by the Office of the Marshal
of the Superior Court of Guam, or if they conceal themselves, or if they
have absconded, or if they are not physically present in the territory of
Guam, the Superior Court of Guam shall suspend their powers pending
the hearing provided in subsection (a) of this Section.
(d) (1) Any person interested in the estate may appear at
the hearing provided in subsection (a) of this Section and file
allegations in writing, showing that the letters of such personal
representative or of all such co-personal representatives should
be revoked. Such personal representative, or all such co-
personal representatives, shall answer any such allegations, and
the issues shall be heard and determined by the Superior Court.
(2) Any person interested in the estate may, at any
time prior to the hearing provided in subsection (a) of this
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Section, file in the Superior Court a petition praying that letters
of administration with the will annexed or letters of
administration be granted to the petitioner. Such petition shall
allege why the letters of the existing personal representative, or
of all existing co-personal representatives, should be revoked,
and shall show that the petitioner is competent to serve as an
administrator with the will annexed or as an administrator (as
the case may be) pursuant to the provisions of Section 1701 or
of Section 1801 of this Title. The existing personal
representative, or all existing co-personal representatives, shall
at the hearing provided in subsection (a) of this Section answer
any allegations contained in such petition which touch upon the
reasons for the revocation of their letters, and the issues shall
be heard and determined by the Superior Court.
(e) If the personal representative fails to appear in obedience to the
citation provided in subsection (a) of this Section, or if he appears and
the Superior Court is satisfied from the evidence that cause exists for his
removal, his letters shall be revoked. The Superior Court may compel his
attendance by attachment, and compel him to answer questions, on oath,
touching his administration, and, upon his refusal to do so, may commit
him to jail until he obeys, or may revoke his letters, or both. If the
petition provided in subsection (d)(2) of this Section has been filed, and
the Superior Court finds at the hearing provided in subsection (a) of this
Section that the petitioner is qualified to serve as personal representative
pursuant to the provisions of Section 1701 or of Section 1801 of this
Title, as the case may be, the Superior Court shall grant letters of
administration with the will annexed or letters of administration, as the
case may be, to the petitioner.
CROSS-REFERENCES: Subsections (a), (b) and (c): Probate Code of Guam
(1970), § 521; Guam Law Revision Commission. Subsection (d)(1): Probate Code
of Guam (1970), § 522. Subsection (d)(2): Guam Law Revision Commission.
Subsection (e): Probate Code of Guam (1970), § 523; Guam Law Revision
Commission.
COMMENT: Section 2105 brings together all necessary provisions concerning
suspension of personal representatives' powers, and concerning revocation of
personal representatives' letters, for cause. The changes from prior law are: in
subsection (a), the delineation of a one-year period for which personal
representatives do nothing, as grounds for removal. Previously, no specific time
was set forth in the statute. However, in that there is no occasion in which a one-
year period can pass, under this Title, without any action whatever on the part of
the personal representative, it seems reasonable to allow the Superior Court to
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monitor the actions of personal representatives, and to bring inactive personal
representatives into court after such a one-year period of inactivity to determine
what the status of the estate is. More detailed service provisions than those con-
tained in prior law are included in subsection (b). The language contained therein
reflects the language of other service of process provisions in this Title, which was
not the case under § 521 of the Probate Code of Guam (1970). The language
contained in subsection (c) concerning permissive suspension of personal
representatives' powers pending hearing has been taken from § 522 of the Probate
Code of Guam (1970); the language concerning mandatory suspension of those
powers has been added by the Commission, in keeping with the principle that
personal representatives must be competent so to serve both at the time of
appointment and during the course of the administration, and thus the powers of
personal representatives who cannot be found for the hearing provided in subsec-
tion (a) should be automatically suspended. The Commission has also added
subsection (d)(2), the intention of which is to provide that a petition for letters may
be filed by a person interested in the estate, and heard simultaneously with an
action for the revocation of the existing personal representative's letters; the
underlying notion is to provide a workable procedure for the replacement of
incompetent (or otherwise disqualified) personal representatives. The last portion of
subsection (e), which has also been added by the Commission, is intended to serve
the same purpose.
NOTE: See Official Form No. 2, Appendix AA@.
Source: official Guam text · Last verified 2026-08-27
Frequently Asked Questions About Guam § 2115
What does Guam Code Annotated § 2115 cover?
Section 2115 ("Revocation of Personal Representative's Letters for Cause;") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Guam § 2115?
A common citation format is "Guam Code Annotated § 2115" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Guam law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.
How does Guam § 2115 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Guam.