Guam § 2503 - Notice to Creditors; Personal Representative to Investigate

§ 2503. Notice to Creditors; Personal Representative to Investigate

Decedent's Creditors and Mail Notice; Written Notices of Debt, if

Timely, Treated as Claims if Subsequently Perfected.

(a) The personal representative, promptly after letters are issued,

shall cause to be published in a daily newspaper of general circulation in

the territory of Guam a notice to the creditors of the decedent, requiring

all persons having claims against the decedent to file them, with the

necessary vouchers, in the office of the Clerk of the Superior Court, or to

present them, with the necessary vouchers, at the personal representa-

tive's residence or place of business, to be specified in the notice, within

sixty (60) calendar days after the first publication of the notice.

(b) The personal representative, promptly after letters are issued,

shall make a reasonable investigation as to the identities of the decedent's

creditors. Such investigation shall be completed not more than thirty (30)

calendar days after letters have been issued to the personal

representative. The personal representative, promptly after the

completion of the investigation provided in this subsection, shall send, by

registered mail, a copy of the notice to creditors required by subsection

(a) of this Section to each creditor of the decedent whom he discovered

during the investigation provided in this subsection, noting thereon the

last day upon which claims may be filed or presented as provided in

subsection (a) of this Section.

(c)(1) A written statement of an amount due from the decedent

to a creditor, or a written notice of a debt due from the decedent to a

creditor, if

(A) actually received by the personal representative prior

to the last day upon which claims may be filed or presented as

provided in subsection (a) of this Section, or

(B) sent in the regular course of mail to the decedent, with

proper postage affixed and addressed to the decedent's proper

mailing address, postmarked prior to the last day upon which

claims may be filed or presented as provided in subsection (a)

of this Section, shall be deemed a timely claim against the

estate which, if not in proper form for a creditor's claim as

provided in this Chapter, shall be subject to perfection as

provided hereinbelow.

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(2) If the statement of amount due or notice of debt referred to

in subsection (c)(1) of this Section is not in proper form for a

creditor's claim as provided in this Chapter, the personal

representative, promptly after he receives such statement of amount

due or notice of debt, shall send, by registered mail, a copy of the

notice to creditors required by subsection (a) of this Section to the

creditor, and simultaneously notify the creditor

(A) that he is the personal representative upon the estate of

the decedent from whom the amount or debt is alleged to be

due,

(B) that he has received the statement of amount due or

notice of debt,

(C) that the statement of amount due or notice of debt is

not in proper form for a creditor's claim as provided in this

Chapter, setting forth the reasons therefor,

(D) that the statement of amount due or notice of debt is

deemed a timely claim against the estate, subject to perfection,

and

(E) of the manner in which such creditor's claim may be

perfected under the provisions of this Chapter.

(3) A creditor referred to in subsection (c)(2) of this Section

may perfect his claim by complying with all applicable provisions

of this Chapter concerning the filing or presentation of claims, at

any time prior to the order for final distribution has been entered.

(4) The provisions of subsection (c) of this Section shall apply

only to creditors whose identities were not ascertained by the

personal representative during the investigation required by

subsection (b) of this Section.