Guam § 2115 - Revocation of Personal Representative's Letters for Cause;

§ 2115. Revocation of Personal Representative's Letters for Cause;

Notice; Procedure.

(a) Whenever the Superior Court of Guam has reason to believe,

whether from its own knowledge or from credible information received,

that the personal representative or all co-personal representatives

(1) have become incompetent to execute the duties of the trust

by reason of ceasing to be residents of the territory of Guam, or

(2) have become incompetent to execute the duties of the trust

by reason of ceasing to be physically present in the territory of

Guam, or

(3) have become incompetent to execute the duties of the trust

by reason of drunkenness, improvidence, or want or understanding

or integrity, or

(4) have wasted, embezzled or mismanaged the property of the

estate committed to their charge, or

(5) are about to waste or embezzle the property of the estate

committed to their charge, or

(6) have wrongfully neglected the estate, or

(7) have for a period of one (1) year neglected to perform any

act as such personal representatives, the Superior Court shall direct

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the Clerk of the Superior Court to set the time and place of a hearing

thereon, which hearing shall be held not more than thirty (30) days

thereafter, and the Superior Court of Guam shall cite such personal

representative, or all such co-personal representatives, then and

there to appear and show cause why their letters should not be

revoked.

(b) Personal service of the citation provided in subsection (a) of this

Section shall be made upon such personal representative, or upon all

such co-personal representatives, by the Office of the Marshal of the

Superior Court of Guam; provided, that if after due diligence by the

Office of the Marshal of the Superior Court of Guam such personal

representative or all such co-personal representatives cannot be found, or

if they conceal themselves, or if they have absconded, or if they are not

physically present in the territory of Guam, notice of the pendency of the

proceedings may be given to those upon whom such personal service

cannot be effected by publication, in such manner as the Superior Court

of Guam may direct, and the Superior Court of Guam may proceed upon

such notice as if such citation had been personally served. Notice of the

hearing provided in subsection (a) of this Section shall also be given in

the manner provided in Section 3401 of this Title.

(c) The Superior Court of Guam may suspend the powers of such

personal representative, or of all such co-personal representatives,

pending the hearing provided in subsection (a) of this Section; provided,

that if such personal representative or all such co-personal represen-

tatives cannot be found after due diligence by the Office of the Marshal

of the Superior Court of Guam, or if they conceal themselves, or if they

have absconded, or if they are not physically present in the territory of

Guam, the Superior Court of Guam shall suspend their powers pending

the hearing provided in subsection (a) of this Section.

(d) (1) Any person interested in the estate may appear at

the hearing provided in subsection (a) of this Section and file

allegations in writing, showing that the letters of such personal

representative or of all such co-personal representatives should

be revoked. Such personal representative, or all such co-

personal representatives, shall answer any such allegations, and

the issues shall be heard and determined by the Superior Court.

(2) Any person interested in the estate may, at any

time prior to the hearing provided in subsection (a) of this

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Section, file in the Superior Court a petition praying that letters

of administration with the will annexed or letters of

administration be granted to the petitioner. Such petition shall

allege why the letters of the existing personal representative, or

of all existing co-personal representatives, should be revoked,

and shall show that the petitioner is competent to serve as an

administrator with the will annexed or as an administrator (as

the case may be) pursuant to the provisions of Section 1701 or

of Section 1801 of this Title. The existing personal

representative, or all existing co-personal representatives, shall

at the hearing provided in subsection (a) of this Section answer

any allegations contained in such petition which touch upon the

reasons for the revocation of their letters, and the issues shall

be heard and determined by the Superior Court.

(e) If the personal representative fails to appear in obedience to the

citation provided in subsection (a) of this Section, or if he appears and

the Superior Court is satisfied from the evidence that cause exists for his

removal, his letters shall be revoked. The Superior Court may compel his

attendance by attachment, and compel him to answer questions, on oath,

touching his administration, and, upon his refusal to do so, may commit

him to jail until he obeys, or may revoke his letters, or both. If the

petition provided in subsection (d)(2) of this Section has been filed, and

the Superior Court finds at the hearing provided in subsection (a) of this

Section that the petitioner is qualified to serve as personal representative

pursuant to the provisions of Section 1701 or of Section 1801 of this

Title, as the case may be, the Superior Court shall grant letters of

administration with the will annexed or letters of administration, as the

case may be, to the petitioner.

CROSS-REFERENCES: Subsections (a), (b) and (c): Probate Code of Guam

(1970), § 521; Guam Law Revision Commission. Subsection (d)(1): Probate Code

of Guam (1970), § 522. Subsection (d)(2): Guam Law Revision Commission.

Subsection (e): Probate Code of Guam (1970), § 523; Guam Law Revision

Commission.

COMMENT: Section 2105 brings together all necessary provisions concerning

suspension of personal representatives' powers, and concerning revocation of

personal representatives' letters, for cause. The changes from prior law are: in

subsection (a), the delineation of a one-year period for which personal

representatives do nothing, as grounds for removal. Previously, no specific time

was set forth in the statute. However, in that there is no occasion in which a one-

year period can pass, under this Title, without any action whatever on the part of

the personal representative, it seems reasonable to allow the Superior Court to

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monitor the actions of personal representatives, and to bring inactive personal

representatives into court after such a one-year period of inactivity to determine

what the status of the estate is. More detailed service provisions than those con-

tained in prior law are included in subsection (b). The language contained therein

reflects the language of other service of process provisions in this Title, which was

not the case under § 521 of the Probate Code of Guam (1970). The language

contained in subsection (c) concerning permissive suspension of personal

representatives' powers pending hearing has been taken from § 522 of the Probate

Code of Guam (1970); the language concerning mandatory suspension of those

powers has been added by the Commission, in keeping with the principle that

personal representatives must be competent so to serve both at the time of

appointment and during the course of the administration, and thus the powers of

personal representatives who cannot be found for the hearing provided in subsec-

tion (a) should be automatically suspended. The Commission has also added

subsection (d)(2), the intention of which is to provide that a petition for letters may

be filed by a person interested in the estate, and heard simultaneously with an

action for the revocation of the existing personal representative's letters; the

underlying notion is to provide a workable procedure for the replacement of

incompetent (or otherwise disqualified) personal representatives. The last portion of

subsection (e), which has also been added by the Commission, is intended to serve

the same purpose.

NOTE: See Official Form No. 2, Appendix AA@.