Guam § 2527 - Claim in Action Pending Against Decedent at Time of Death;

§ 2527. Claim in Action Pending Against Decedent at Time of Death;

Effect of Insurance Coverage In Actions for Damages; Continuance

of Pending Action.

(a) (1) If an action is pending against the decedent at the

time of his death, the plaintiff must in like manner file his

claim with the Clerk of the Superior Court or present it to the

personal representative for allowance or rejection, authenti-

cated as required in other cases; and no recovery shall be had

against the decedent's estate in the action unless proof is made

of such filing or presentation, except as provided in subsections

(a)(2) and (a)(3) of this Section.

(2) If the action which is pending is an action for damages

and the decedent was insured therefor and the insurer has

accepted the defense of the cause and an appearance has been

made in such action on behalf of the decedent, no claim shall

be required except for amounts in excess of or not covered by

such insurance.

(3) (A) If any action is pending against the decedent at

the time of his death and a claim based on such action

is not filed or presented within the time limited in the

notice required by Section 2503 of this title or as

extended by the provisions of Section 2507 of this

Title, the Superior Court may thereafter allow filing

of said claim on such terms as may be just and

equitable, upon the filing of the claimant's verified

petition and notice of hearing given in the manner

provided in Section 3401 of this Title, if the Superior

Court finds that the claim was not filed or presented

previously because neither the claimant nor the

claimant's attorney had actual knowledge of the

decedent's death at least fifteen (15) calendar days

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prior to the expiration of the time limited in the

notice required by Section 2503 of this Title or as

extended by the provisions of Section 2507 of this

Title; but any property distributed pursuant to an

order of the Superior Court or any payment properly

made before notice of such petition shall not be

subject to the claim. No relief shall be granted unless

the petition is filed within a reasonable time after

discovery of decedent's death and in any event within

one (1) year after the expiration if the time limited in

the notice required by Section 2503 of this Title or as

extended by the provisions of Section 2507 or this

Title, and before petition for final distribution has

been granted.

(B) If, at the time of filing the petition under

subsection (a)(3)(A) of this Section, assets of the

estate have been paid to general creditors or some

thereof or have been distributed by decree of

preliminary distribution to heirs, devisees or legatees

(in either case after expiration of the prescribed

period for claims), and it appears that the filing and

later establishment of the claim, in the circumstances,

would cause or tend to cause unequal treatment

between heirs, devisees, legatees or creditors, then

permission to file the claim shall be denied.

(b) Notwithstanding any other provisions of law, the Superior Court

may permit an action such as described in subsection (a) of this Section

to be continued against the defendant in the name of AEstate of (name of

decedent), Deceased@, upon petition of the plaintiff, pursuant to the same

procedure, and upon the same terms and conditions, as are provided in

Section 2523(a) of this Title for claims which were not the subject of a

pending action at the decedent's death. The procedure of this subsection

is cumulative and does not supersede the procedure provided in Section

385 of the Code of Civil Procedure.