Guam § 3019 - Final Distribution: Distribution to Territory of Guam;

§ 3019. Final Distribution: Distribution to Territory of Guam;

Procedure; Claims; Time; Undistributed Portion.

(a) If the Superior Court, at the time set for the hearing of the final

account, or such time thereafter to which the matter might be continued,

does not order final distribution of the entire balance of the estate

remaining for distribution to known heirs, devisees or legatees entitled to

succeed thereto, it must distribute to the territory of Guam that portion of

the estate not distributed to such known heirs, devisees or legatees.

Insofar as practical, any real property or tangible personal property so

distributed shall be converted to money prior to transmittal to the Clerk

of the Superior Court pursuant to the provisions of subsection (c) of this

Section.

(b) If the Superior Court distributes the estate or any portion thereof

to the territory of Guam pursuant to the provisions of subsection (a) of

this Section, and the distributing clause contains words otherwise

creating a trust in favor of certain unknown or unidentified persons as a

class, such distribution shall vest in the territory of Guam both legal and

equitable title to the property so distributed; saving, however, the right of

claimants to appear and claim the estate or any portion thereof pursuant

to the provisions of subsection (e) of this Section.

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(c) Upon the rendition of a final decree of distribution, any money

distributed to the territory of Guam pursuant to the provisions of

subsection (a) of this Section, and all other personal property so

distributed, shall be delivered forthwith to the Clerk of the Superior

Court. The Clerk of the Superior Court shall thereupon immediately

deposit all money so distributed in an interest-bearing account in a bank

or other savings institution authorized to business in the territory of

Guam, and shall hold and safeguard all other personal property so

distributed. If the final decree of distribution distributes any real property

to the territory of Guam pursuant to the provisions of subsection (a) of

this Section, the personal representative shall immediately cause a

certified copy of such decree to be recorded in the Department of Land

Management of the Government of Guam, and shall thereupon transmit

to the Clerk of the Superior Court a verified certificate that he has

complied with the provisions of this subsection as to such recordation.

(d) All property distributed to the territory of Guam pursuant to the

provisions of subsection (a) of this Section shall be held for a period of

five (5) years from the date of the decree or order making such

distribution, within which time any person may claim such property or

any part thereof in the manner provided in subsection (e) of this Section.

Any person who does not appear and claim within such period as

provided in subsection (e) of this Section, shall be forever barred, and

such property, or so much thereof as is not claimed, shall upon the

expiration of such period vest absolutely in the territory of Guam. Upon

the expiration of such period, such property, or so much thereof as has

not been claimed, shall be transferred to the territory of Guam as follows:

(1) The Clerk of the Superior Court shall transmit to the

Treasurer of Guam money deposited in a bank or other savings

institution and personal property held by the Clerk of the Superior

Court pursuant to the provisions of subsection (c) of this Section, to-

gether with a certified copy of the decree or order distributing such

property to the territory of Guam and a certificate setting forth that

such property has vested absolutely in the territory of Guam

pursuant to the provisions of this Section.

(2) The Clerk of the Superior Court shall transmit to the

Department of Land Management of the Government of Guam a

certificate setting forth that real property distributed to the territory

of Guam pursuant to the provisions of subsection (a) of this Section

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has vested absolutely in the territory of Guam, whereupon the

Department of Land Management of the Government of Guam shall

take such steps as are necessary to effect the transfer of such real

property to the territory of Guam.

(e) Within the period referred to in subsection (d) of this Section,

any person may claim property which has been distributed to the territory

of Guam pursuant to the provisions of subsection (a) of this Section, or

any part thereof, by filing in the Superior Court a verified petition setting

forth that he is entitled to such property or any part thereof, and the basis

of his claim or entitlement to such property of part thereof. The Clerk of

the Superior Court shall set such petition for hearing, and notice thereof

shall be given in the manner provided in Section 3401 of this Title. The

petitioner shall also cause a copy of the notice of such hearing to be

served upon the Office of the Attorney General of the territory of Guam,

such service to be effected at least ten (10) calendar days before the date

of such hearing.

(f) If, at the hearing referred to in subsection (e) of this Section, the

Superior Court is satisfied upon a preponderance of the evidence legally

presented that the claimant is entitled to property distributed to the

territory of Guam pursuant to the provisions of subsection (a) of this

Section, or any part thereof, the Superior Court shall order that such

property or part thereof be distributed to such claimant. If the property so

distributed is money deposited in a bank or other savings institution, or

personal property held by the Clerk of the Superior Court pursuant to the

provisions of subsection (c) of this Section, the Clerk of the Superior

Court shall immediately cause the property so distributed to be

transmitted to the claimant. If the property so distributed is real property,

the Clerk of the Superior Court shall immediately transmit to the

Department of Land Management of the Government of Guam a certified

copy of the order or decree distributing such property to the claimant,

whereupon the Department of Land Management of the Government of

Guam shall take such steps as are necessary to effect the transfer of such

real property to the claimant.