Guam § 3011 - Final Distribution: Procedure; Objections; Inquiry by Court

§ 3011. Final Distribution: Procedure; Objections; Inquiry by Court

Concerning Distribution to Assignees or Transferees; Statement of

Receipts and Disbursements.

(a) Immediately upon the final settlement of the accounts of the

personal representative, or at any subsequent time, upon the application

of the personal representative, or of any heir, devisee or legatee, or of the

assignee, grantee or successor in interest of any heir, devisee or legatee,

and after notice given in the manner provided in Section 3401 of this

Title, the Superior Court must proceed finally to distribute the residue of

the estate among the persons entitled thereto. Any person interested in

the estate or any co-personal representative may resist the application.

(b) The Superior Court, before making final distribution of any

property of a decedent to any assignee or transferee of any heir, devisee

or legatee or before making distribution to any person other than an heir,

devisee, or legatee pursuant to any agreement, request or instructions of

any heir, devisee or legatee or of any attorney-in-fact of any heir, devisee

or legatee, may on the motion of any person interested in the estate or on

its own motion inquire into the consideration for such assignment,

transfer, agreement, request or instructions and into the amount of any

fees, charges or consideration paid or agreed to be paid by the heir,

devisee or legatee and into the circumstances surrounding the execution

of such assignment, transfer, agreement, request or instructions. If the

Superior Court finds, upon such inquiry, that the fees, charges or

consideration paid by any such heir, devisee or legatee is grossly unrea-

sonable or that any such assignment, transfer, agreement, request or

instructions was obtained by duress, fraud or undue influence it may

refuse to make distribution pursuant thereto except upon such terms as it

deems just and equitable. Notice of a hearing on any motion made

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pursuant to this subsection shall be served personally or by registered

mail, as the Superior Court may direct, at least ten (10) calendar days

before the hearing upon the heir, devisee, or legatee executing any such

assignment, transfer, agreement, request or instructions and upon the

person or persons claiming thereunder.

(c) A statement of any receipts and disbursements of the personal

representative since the rendition of his final account must be reported

and filed with the Clerk of the Superior Court at the time of making the

distribution referred to in subsection (a) of this Section; and a settlement

thereof, together with an estimate of the expenses of closing the estate,

must be made by the Superior Court and included in the order or decree,

or the Superior Court may order notice to be given of the settlement of

such supplementary account as in other cases of the settlement of

accounts.