Guam § 2407 - Appraisement of Previously Selected Homestead; Excess

§ 2407. Appraisement of Previously Selected Homestead; Excess

Over Homestead Exemption; Appraiser's Report; Appointment of

New Appraiser; Notice and Hearing.

(a) If the homestead selected, designated and recorded prior to the

decedent's death is returned in the inventory appraised not over the

amount of the homestead exemption as provided in the Civil Code of

Guam, and in effect at the time of the decedent's death, or was previously

appraised as provided in the Civil Code of Guam and such appraised

value did not exceed that amount, the Superior Court shall order it set

aside to the persons in whom title is vested by Section 2405 of this Title.

COL120106

CH. 24 SUPPORT OF FAMILY: HOMESTEAD AND

EXEMPT PROPERTY, FAMILY ALLOWANCE

(b) If the homestead selected, designated and recorded prior to the

decedent's death is returned in the inventory appraised at more than the

amount of the homestead exemption as provided in the Civil Code of

Guam, and in effect at the time of the decedent's death, the appraiser

must, before he makes his return, ascertain and appraise the value of the

homestead at the time the same was selected.

(c) If the appraised value of the homestead at the time the same was

selected, as referred to in subsection (b) of this Section, exceeds the

amount of the homestead exemption as provided in the Civil Code of

Guam, and in effect at the time of the decedent's death, the appraiser

must determine whether the premises can be divided without material

injury.

(1) If the appraiser finds that the premises can be thus divided,

he must admeasure and set apart to the parties entitled thereto such

portion of the premises, including the dwelling house, as will equal

in value the amount of the homestead exemption as provided in the

Civil Code of Guam, and in effect at the time of the decedent's

death, and make report thereof to the Superior Court of Guam,

giving an exact description of the portion set apart as a homestead.

(2) If the appraiser finds that the premises cannot be so divided

without material injury, he must report such finding to the Superior

Court, and thereafter the Superior Court may make an order for the

sale of the premises and the distribution of the proceeds to the

parties entitled thereto.

(d) When the report of the appraiser, as referred to hereinabove, is

filed, the Clerk of the Superior Court shall set the same for hearing, and

notice thereof shall be given in the manner provided in Section 3401 of

this Title. If the Superior Court is satisfied that the report is correct, it

must be confirmed, otherwise rejected. In case the report is rejected, the

Superior Court may appoint a new appraiser to examine and report upon

the homestead, and similar proceedings may be had for the confirmation

or rejection of such new appraiser's report, as upon the first report.