Guam § 1407 - Disqualification of Interested Judge; Procedure for Transfer

§ 1407. Disqualification of Interested Judge; Procedure for Transfer

of Proceedings to Other Judge.

(a) No will shall be admitted to probate, or letters testamentary,

letters of administration with the will annexed or letters of administration

granted, or other proceeding had (except the ordering of a transfer as

provided in subsection (b) of this Section), before any judge who is

interested as an heir of the decedent, or as a legatee or devisee under

such will, or when such judge is named as executor or trustee in such

will, or is in any other manner interested or disqualified from acting. A

judge who was a witness to a will is disqualified from acting in any

proceeding prior to and including the admission of such will to probate

or in any proceeding involving its validity or interpretation.

(b) When a petition is filed praying for the admission of a will to

probate or for the granting of letters of administration with the will

annexed or of letters of administration, or when proceedings are pending

with respect to an estate, and the judge of the Superior Court of Guam

before whom such petition or proceedings are pending is not qualified to

act under the provisions of subsection (a) of this Section, such judge

shall bring the fact of his disqualification to the attention of the Presiding

Judge of the Superior Court of Guam, who shall make an order assigning

another judge of the Superior Court of Guam to act in the matter;

provided, that if the judge so disqualified is the Presiding Judge of the

Superior Court of Guam, he shall bring the fact of his disqualification to

the attention of the Judicial Council, which shall make an order assigning

another judge of the Superior Court of Guam to act in the matter.