Guam § 1507 - Contents of Original Petition for Probate of Will; Incorrect

§ 1507. Contents of Original Petition for Probate of Will; Incorrect

Statement of Jurisdictional Facts Not a Bar to Court's Jurisdiction.

(a) A petition for the probate of a will and for the grant of letters

testamentary, or of letters of administration with the will annexed in the

first instance, must be in writing, signed by the petitioner or the

petitioner's counsel, and filed with the Clerk of the Superior Court of

Guam, and must state:

(1) The jurisdictional facts;

(2) Whether the person named in the will as executor, if that

person's name is known to the petitioner, consents to or renounces

his right to letters testamentary;

(3) The names, ages and mailing addresses of the heirs,

devisees and legatees of the decedent, so far as known to the

petitioner;

(4) The character and estimated value of the property of the

estate;

(5) The name, age and mailing address of the person for whom

letters testamentary or letters of administration with the will

annexed are prayed; and

(6) In the case of a lost or destroyed will, the testamentary

words or the substance thereof.

(b) Where the necessary jurisdictional facts actually exist but

through defect of form or through error, they or any of them are incor-

rectly stated in any petition or pleading, the Superior Court of Guam has

and retains jurisdiction to correct such defect or error at any time. No

such defect or error shall make the order admitting the will to probate, or

any subsequent proceeding, void.