Guam § 2317 - Sales in General: Hearing on Confirmation; Objections to

§ 2317. Sales in General: Hearing on Confirmation; Objections to

Confirmation; Proof of Notice; New Offer for Personal Property;

Acceptance of Offer or Order of New Sale; Exceptions.

(a) Any person interested in an estate may file written objections to

the confirmation of a sale of the property of such estate, and may be

heard thereon, and may produce witnesses in support of his objection.

Before the Superior Court makes an order confirming such sale, it must

be proved to the satisfaction of the Superior Court that such sale was

necessary, or that it was of advantage or benefit to the estate or to those

interested therein, and that notice of such sale was given as required by

this Title; and the order of confirmation shall show that such proof was

made.

(b) Upon the hearing of a petition for confirmation of the sale of

personal property of an estate, where the original bid was in excess of

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two hundred and fifty dollars ($250.00), if a written offer of at least ten

percent (10%) more than the amount named in the return is made to the

Superior Court by a responsible person, and if such offer complies with

all applicable provisions of law contained in this Chapter, the Superior

Court may in its discretion accept such offer and confirm the sale to such

person, or it may order a new sale. The provisions of this subsection shall

not apply to personal property of an estate sold pursuant to the provisions

of Section 2329 of this Title.

(c) If, upon the hearing of a petition for confirmation of the sale of

personal property of an estate, the Superior Court of Guam determines

that the personal representative's estimate of the fair market value of the

personal property sold (such estimate having been made pursuant to the

provisions of Section 2613(a)(2) of this Title) was materially incorrect,

the Superior Court of Guam may order that the fair market value of such

item be appraised by a qualified, disinterested person who shall be

appointed as appraiser thereof by the Superior Court of Guam, or it may

order the sale vacated, or it may make such other order as shall be proper

in the circumstances for the protection of the estate, of all persons

interested in the estate, and of the purchaser of the item in question.