Guam § 4904 - Distribution of Land Claims Awards Directly to Issue of

§ 4904. Distribution of Land Claims Awards Directly to Issue of

Deceased Heirs.

(a) No separate administration on the share of a deceased heir,

legatee or devisee in a land claims award shall be necessary; such share

shall instead be distributed directly to his heirs at law, provided that the

following conditions are met:

(1) The petition for letters testamentary or of administration, or

administration with the will annexed, or if a personal representative

has already been appointed as of the effective date of this Chapter,

then the first petition for preliminary or final distribution to be filed

after the effective date of this Chapter, shall include the names,

addresses, relationships and ages of the heirs at law of each

deceased heir;

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(2) Said petition shall state, as to each deceased heir whose

share will be distributed directly, that to the best of the petitioner's

knowledge the deceased heir died intestate and that no proceedings

for administration upon said heir's estate are pending;

(3) Notice of the hearing on said petition shall be given as

provided in § 4905 of this Title, and said notice shall list the estates

of all deceased heirs whose shares will be distributed directly to

their heirs at law;

(4) Notice of the hearing on said petition shall also be given to

the heirs at law of each deceased heir;

(5) Notice of the hearing on said petition shall also be given to

the creditors of each deceased heir in the manner provided and to

the same extent required by § 4906 of this Title in relation to awards

subject to separate administration; and

(6) No party interested in the estate of any deceased heir named

in the petition requests administration on the share of the deceased

heir in the ordinary course, provided that said request is made in

writing and is served upon the petitioner or the Clerk of the Superior

Court before the entry of a decree of preliminary or final distri-

bution.

(b) In the event a timely request is made for administration in the

ordinary course in the share of a deceased heir, by a party interested in

said share, or if a valid and timely creditor's claim is filed against the

share of any deceased heir, the share shall be distributed to the personal

representative of the estate of the deceased heir or, if none has been

appointed, deposited in the name of said estate with the Clerk, Superior

Court of Guam.

(c) The delivery of a land claims award, or any share therein,

directly to the heirs at law of a deceased heir, in accordance with a decree

of preliminary or final distribution made under the provisions of this

section, is a full discharge of the personal representative in relation to the

sum so delivered, and when the decree becomes final it binds and

concludes all parties in interest with respect to both the decedent's estate

and the estate of the deceased heir.