Guam § 2377 - Leasing Estate Property: Hearing; Order, Conditions;

§ 2377. Leasing Estate Property: Hearing; Order, Conditions;

Duration; Partial Interests; Recording.

At the time appointed pursuant to the provisions of Section 2375 of

this Title, the Superior Court, upon proof that due notice of the hearing

has been given, shall hear the petition referred to in Section 2375 of this

Title and any objection that might have been filed or presented, and shall

entertain and consider any other offer made, in good faith, at the hearing,

to lease the same property on more favorable terms; and, if the Superior

Court is satisfied that it will be to the advantage of the estate, it shall

make an order authorizing the personal representative to make such lease

to the person and on the terms stated in the order; provided, however,

that the Superior Court shall not make an order authorizing the personal

representative to make such lease to any person other than the lessee

named in the petition, unless the offer made at the hearing is acceptable

to the personal representative. The order shall set forth the minimum

rental and the period of the lease, which must not be longer than ten (10)

years, except as otherwise provided in Section 2379 of this Title. If the

lease covers additional property owned by other persons or an undivided

interest of the decedent, or other interest of the decedent less than the

entire ownership of the property, it may provide for division of rental in

the proportion that the land or interest of each owner bears to the total

area of the land or total interest covered by such lease. A certified copy

of the order referred to in this Section shall be recorded in the

Department of Land Management of the Government of Guam.