Guam § 2215 - Obligations Due Decedent; Discharge and Compromise;

§ 2215. Obligations Due Decedent; Discharge and Compromise;

Renewal and Modification; Wrongful Death or Personal Injury of

Decedent; Compromise and Settlement of Claims; Procedure.

(a) If a debtor of the decedent is unable to pay all his debts, the

personal representative may, with the approval of the Superior Court of

Guam obtained pursuant to the provisions of subsection (c) of this

Section, give such debtor a discharge, upon such terms as may appear to

the Superior Court of Guam to be for the best interest of the estate. A

compromise, including the compromise of any claim of the estate against

the United States or the territory of Guam, or any agency or instru-

mentality of either, may also be authorized by the Superior Court of

COL372014

CH. 22 POWERS AND DUTIES OF EXECUTORS, ADMINISTRATORS

WITH THE WILL ANNEXED AND ADMINISTRATORS

Guam when it appears to be just and for the best interest of the estate;

provided, that such authorization must be obtained pursuant to the

provisions of subsection (c) of this Section. The Superior Court of Guam

may also authorize the personal representative, on such terms and

conditions as may be approved by the Superior Court of Guam, to extend

or renew, or in any manner modify the terms of, any obligation running

in favor of the decedent or the decedent's estate, provided, that such

authorization and approval must be obtained pursuant to the provisions

of subsection (c) of this Section.

(b) A personal representative shall have power, with the approval of

the Superior Court of Guam obtained pursuant to the provisions of

subsection (c) of this Section, to compromise and settle all claims or

rights of action given to such personal representative by any law for the

wrongful death or injury of the decedent, including any action brought by

such personal representative in attempting enforcement thereof. Such

power shall include the giving of a covenant not to sue.

(c) To obtain the approval or authorization referred to hereinabove

in this Section, the personal representative shall file in the Superior Court

of Guam a verified petition, showing the advantage of the settlement,

compromise, extension, renewal or modification (in the case of an

approval or authorization required by the provisions of subsection (a) of

this Section), or showing the amount of money proposed to be paid (in

the case of an approval required by the provisions of subsection (b) of

this Section.) The Clerk of the Superior Court of Guam shall set the

petition for hearing, and notice thereof shall be given in the manner

provided in Section 3401 of this Title.