Guam § 2107 - Revocation of Letters of Administration When Person With

§ 2107. Revocation of Letters of Administration When Person With

Prior Right Asserts Such Right; Procedure; Discretion of Court to

Refuse Grant of Letters.

(a) When letters of administration have been granted to an intestate's

child, grandchild, parent, brother or sister, or to any person to whom such

letters have been granted under the provisions of Section 1805(a)(9) of

this Title, such intestate's surviving spouse may assert his prior right, and

be granted letters of administration, and have the letters before granted

revoked, in the manner provided in subsection (d) of this Section.

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(b) When letters of administration have been granted to an intestate's

child, grandchild, parent, brother or sister, or to any person to whom such

letters have been granted under the provisions of Section 1805(a)(9) of

this Title, any of such intestate's children, grandchildren, parents,

brothers or sisters may assert his prior right, and be granted letters of

administration, and have the letters before granted revoked, in the

manner provided in subsection (d) of this Section.

(c) When letters of administration have been granted to any person

other than an intestate's surviving spouse, child, grandchild, parent,

brother or sister, any one of them who is competent and had a prior right

to letters of administration, or any competent person at the written

request of any one of them who is competent and had such prior right,

may assert such prior right, and be granted letters of administration, and

have the letters before granted revoked, in the manner provided in

subsection (d) of this Section.

(d) Any person who may assert a prior right to letters of

administration pursuant to the provisions of subsections (a), (b) or (c) of

this Section may do so by filing in the Superior Court of Guam a petition

praying the revocation of the letters before granted, and that letters of

administration be granted to him. When such petition is filed, the Clerk

of the Superior Court of Guam shall set the matter for hearing, and notice

shall be given in the manner provided in Section 3401 of this Title, and

the Clerk of the Superior Court of Guam shall issue a citation to the

administrator to appear and answer the petition at the time appointed for

the hearing. At the hearing, upon proof that the citation has been duly

served and notice given as above required, the Superior Court of Guam

shall take evidence upon the petition, and if the right of the applicant is

established, and the applicant is competent, letters of administration shall

be granted to the applicant and the letters of the former administrator

revoked.

(e) The Superior Court of Guam, in its discretion, may refuse to

grant letters of administration as provided hereinabove in this Section to

any person, or to the nominee of any person, who had actual notice of the

first petition for letters of administration and an opportunity to contest

the same.