Guam § 1805 - Priority of Persons Entitled to Letters of Administration.

§ 1805. Priority of Persons Entitled to Letters of Administration.

(a) Letters of administration of the estate of a person dying intestate

must be granted to one or more of the following persons, if competent

under the provisions of Section 1801 of this Title, who are entitled to

letters of administration, upon proper petition therefor, in the following

order:

(1) The surviving spouse, or some person competent under the

provisions of Section 1801 of this Title whom the surviving spouse

may request to have appointed.

(2) The children, or any of them.

(3) The grandchildren, or any of them.

(4) The parents, or either of them.

(5) The brothers or sisters, or any of them.

(6) The next of kin entitled to share in the estate, or any of

them.

(7) The relatives of a previously deceased spouse, or any of

them, when such relatives are entitled to succeed to some portion of

the estate.

(8) The creditors, or any of them.

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Ch. 18 APPOINTMENT OF ADMINISTRATORS

(9) Any person, other than those provided hereinabove, who is

competent under the provisions of Section 1801 of this Title,

including, but not limited to, the Territorial Ombudsman (Suruhanu)

or an attorney at law who indicates his willingness for such appoint-

ment. The Superior Court of Guam may establish and maintain a list

or roster of attorneys at law who indicate their willingness to accept

such appointments under the provisions of this subsection, and may

grant letters of administration to an attorney at law whose name

appears on such list or roster.

(b) A relative of the decedent who is entitled to priority under the

provisions of subsection (a) of this Section is entitled to priority only if

either of the following facts exist:

(1) Such relative is entitled to succeed to all or part of the

estate; or

(2) The relative is a child, grandchild, parent or grandparent of

the decedent and either takes under the will of, or is entitled to

succeed to all or part of the estate of, another deceased person who

is entitled to succeed to all or part of the estate of the decedent.

(c) Of several persons petitioning for and equally entitled to a grant

of letters of administration, relatives of the whole blood shall be

preferred to those of the half blood.

(d) When there are several persons petitioning for and equally

entitled to a grant of letters of administration, the Superior Court of

Guam may, in its discretion, grant letters to one or more of them.

(e) When a creditor petitions for letters of administration, and no

qualified person from a class prior in rank to that of the creditor (as

provided in subsection (a) of this Section) so petitions, the Superior

Court of Guam, at the request of another creditor, may in its discretion

grant letters of administration to a qualified person from a class

subsequent in rank to that of the creditor.

(f) Letters of administration must be granted to any applicant

competent under the provisions of Section 1801 of this Title, when

persons having priority fail to petition for letters of administration for

themselves.