Guam § 1005 - Passage of Community Property to Surviving Spouse

§ 1005. Passage of Community Property to Surviving Spouse

Without Administration; Surviving Spouse's Election of Admin-

istration.

(a) Except as provided in Section 1003 of this Title, when a married

person dies intestate, or dies testate and by valid will leaves all of his

interest in the community property to the surviving spouse, such interest

passes to the surviving spouse subject to the provisions of Sections 1007

and 1009 of this Title, and no administration thereon shall be necessary.

(b) Notwithstanding the provisions of subsection (a) of this Section,

upon the election of the surviving spouse or the personal representative

or the guardian of the estate of the surviving spouse, the interest of the

deceased spouse in the community property or both the interest of the de-

ceased spouse and the surviving spouse in the community property may

be administered under the provisions of Division 3 of this Title. The

election provided for herein must be made within four (4) months after

the issuance of letters testamentary or of administration, by a writing

filed in the proceedings for the administration of the estate of the

deceased spouse and prior to the entry of a decree under Section 3037 of

this Title.

(c) Notwithstanding the provisions of subsections (a) and (b) of this

Section, the surviving spouse or the personal representative or the

guardian of the estate of the surviving spouse may file an election and

agreement in the proceedings for the administration of the estate of the

deceased spouse to have all or part of the interest of the surviving spouse

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in the community property transferred by the surviving spouse to the

trustee under the will of the deceased spouse or the trustee of an existing

trust identified by the will of the deceased spouse, to be administered and

distributed by the trustee. The election and agreement must be filed

before the entry of the decree of final distribution in the proceedings.