Guam § 4905 - Notices Concerning Administration of Land Claims Awards.

§ 4905. Notices Concerning Administration of Land Claims Awards.

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(a) Notice of the hearing on a petition for letters testamentary or of

administration with the will annexed, or for an order setting aside a land

claims award pursuant to § 4909 of this Chapter, or for preliminary or

final distribution filed under § 4904(a)(1) of this Chapter, shall be given

by publishing notice of such hearing in a daily newspaper of general

circulation in Guam for one (1) day, not more than ten (10) calendar days

prior to the date set for such hearing. Notice of the hearing on any of the

aforesaid petitions, on any petition for preliminary or final distribution,

or on any other petition, application or other paper for which a hearing is

required, shall also be given as provided in § 3401(b) of this Title, except

that such notice shall be served personally or delivered by first class U.S.

mail, postage prepared, not less than thirty (30) calendar days prior to the

time set for hearing the petition. Registered or certified mailing of said

notice shall not be required. The aforesaid notices shall contain the name

of the estate, the name of each deceased heir's estate if direct distribution

is requested, the name of the petitioner, applicant or moving party, the

nature of the petition, application or paper (referring to the petition,

application, or paper for further particulars), and shall state the time and

place at which the petition, application or other paper will be heard.

(b) Proof of the giving of notice, as provided in this section, must be

made at the hearing; and if it appears to the satisfaction of the Superior

Court that said notice has been regularly given, the Superior court shall

so find in its order, and such order, when it becomes final, shall be

conclusive upon all persons.

(c) The inability of a petitioner or personal representative to deliver

or mail notice of a petition for letters or for a decree of preliminary or

final distribution to each person entitled to such notice shall not preclude

the issuance of letters or entry of a decree of preliminary or final

distribution, if the Superior Court determines that notice cannot with due

diligence be given for lack of information concerning the identity,

location or mailing address of every person entitled to notice.

(d) Notice required to be given to a minor or incompetent person

who has no legal guardian may be given as provided in the preceding

subsection (a) to such minor or incompetent person in care of a parent or,

if none, then in care of any person of legal age with whom the minor or

incompetent person resides. An award, or share therein, distributed to

minor or incompetent person who has no legal guardian shall be

delivered as provided in § 3023 of this Title.

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