Guam § 2025 - When Security Becomes Insufficient: Requirement of

§ 2025. When Security Becomes Insufficient: Requirement of

Further Security; May Be With or Without Hearing; Appointment of

Person Next In Order; Revocation of Letters.

(a) Any person interested in an estate may, at any time prior to the

discharge of the personal representative, represent to the Superior Court

of Guam, by verified petition, that the security provided by the personal

representative for the faithful performance of his trust has become

insufficient, and ask that further security be required; or, if it comes to

the knowledge of the Superior Court of Guam that the security provided

by the personal representative for the faithful performance of his trust is

from any cause insufficient, the Superior Court of Guam may, of its own

motion, require further security.

(b) If the Superior Court of Guam is satisfied from the petition

provided for in subsection (a) of this Section, or from its own

information, that the matter requires investigation, a citation shall be

issued to the personal representative, requiring him to appear before the

Superior Court of Guam at a designated time to show cause why he

should not provide further security for the faithful performance of his

trust. The citation shall be personally served on the personal

representative by the office of the Marshal of the Superior Court of

Guam, at least five (5) calendar days before the return day. If the

personal representative has absconded, or cannot be found, the citation

may be served by leaving a copy thereof at his residence, or by such

publication as the Superior Court of Guam may order. On the return of

the citation, or at such other time as the Superior Court of Guam may

appoint, it shall proceed to hear the matter, and if it satisfactorily appears

that the security, from any cause, is insufficient, the Superior Court of

Guam shall order the personal representative to provide further security,

in such form and amount and subject to such terms and conditions as

COL10312014

CH. 20 OATH, FORM OF LETTERS, AND SECURITY FOR

FAITHFUL PERFORMANCE OF PERSONAL REPRESENTATIVE

may be prescribed by the Superior Court of Guam, within five (5)

calendar days after the date of the entry of the order.

(c) If sufficient further security is not provided within the time fixed

by the order of the Superior Court of Guam, as provided in subsection (b)

of this Section, the right of the personal representative shall cease, and

the person next entitled to administer the estate, who will give sufficient

security for the faithful performance of this trust pursuant to the provi-

sions of this Subchapter, shall be appointed. If letters have already issued

to the personal representative, the same shall be revoked and his

authority shall thereupon cease.