Guam § 3009 - Petition for Final Distribution or Report on Status of

§ 3009. Petition for Final Distribution or Report on Status of

Administration; Citation; Revocation of Letters; Reduction of Fees

or Commissions.

(a) Within one (1) year from the date of issuance of letters

testamentary, letters of administration with the will annexed or letters of

administration, the personal representative must either petition for final

distribution of the estate or file a verified report of the status of the

administration. If such report is filed, it shall show the condition of the

estate and the reasons why the estate cannot be finally distributed and

closed. Notice of the hearing of such report shall be given in the manner

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provided in Section 3401 of this Title. Upon the hearing of such report,

the Superior Court may either order that the administration of the estate

continue for such time and upon such terms and conditions as it

determines reasonable, provided that it finds that such continuance is in

the best interests of the estate or the persons interested therein, or it may

order the personal representative to file the petition for final distribution.

(b) If the petition referred to in subsection (a) of this Section is not

filed by the personal representative within the time set forth therein or

prescribed by the Superior Court, then, upon petition of any person

interested in the estate or upon its own motion, the Superior Court may

cite the personal representative to appear before it and show the

condition of the estate and the reasons why the estate cannot be

distributed and closed. Upon the hearing of such citation, the Superior

Court may either order the administration of the estate to continue as

provided in subsection (a) of this Section, or may order the personal

representative to file the petition for final distribution.

(c) If, upon the hearing for final distribution or for an allowance

upon the commission of the personal representative or upon the fees of

the attorney, the Superior Court finds that the time taken for

administration of the estate exceeds the applicable time set forth in this

Section or prescribed by the Superior Court, and was caused by factors

within the control of the personal representative or attorney and that such

time taken was not in the best interests of the estate or the persons

interested therein, the Superior Court may, notwithstanding the provi-

sions of Chapter 28 of this Title, reduce the fees or commissions of the

person or persons having control of such factors by such amount as the

Superior Court deems appropriate, regardless of whether the fees or

commissions otherwise allowable under the provisions of Chapter 28 of

this Title would be reasonable compensation for the services rendered by

such person or persons.

(d) Failure of the personal representative to comply with any order

made under the provisions of this Section shall be grounds for revocation

of letters.

(e) When a testator, by his will, has limited the time for

administration upon his estate, such limitation is directory only, and shall

not limit the power of the executor, or the administrator with the will

annexed, or of the Superior Court, to continue the administration beyond

the time limited where the same is necessary or convenient.

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