Guam § 41104 - Sale of Property: Procedure: Court Order.

§ 41104. Sale of Property: Procedure: Court Order.

The trustee may sell any or all of the personal or real property of the

missing person when it is considered by the court as being in the best

interest of the estate and all parties concerned, including the heirs at law or

legatees, and for that purpose shall file a petition with the court asking for

an order directing and authorizing such sale. This petition shall be set for

hearing not sooner than 10 days after the filing of said petition and notice

thereof shall be given by the clerk of the court by posting a notice at the

place where the court is held. Notice shall also be given to each of the

persons who would be heirs at law of the missing person if he were dead,

and if it appears that such missing person left a will, then like notice to each

legatee mentioned therein, at their respective places of address. If the

address of any such person is unknown, said notice may be by publication.

On the day of hearing the petition, proof shall be offered in behalf

thereof showing the reasons for the making of dais sale, and if the court

finds that it will be for the best interests of all persons concerned in the

estate of said missing person to have said sale made, it shall order the

trustee to sell any or all said property, real, personal or both in the manner

provided for sales of property of deceased persons, and all the provisions of

law regarding such sales shall govern the sales of property of missing

persons under this section, including the provisions concerning

confirmation of the sales by the court; provided however, that any such sale

of real property shall not take place before the expiration of eight (8)

months from the date of the appointment and qualification of the trustee.