Guam § 4910 - Delivery of Land Claims Awards Not Exceeding $15,000

§ 4910. Delivery of Land Claims Awards Not Exceeding $15,000

Without Administration.

(a) No probate administration is required upon a land claims award

not exceeding $15,000 after deduction of costs and attorney's fees

awarded or authorized by the District Court of Guam (the "Court").

(b) Any successor to the decedent entitled to the award or a portion

thereof is authorized to collect and distribute the award to the proper

heirs or distributees upon filing with the Court a certified copy of the

death certificate of the decedent and an affidavit stating that:

(1) The award does not exceed $15,000 after deduction of costs

and attorney's fees awarded or distributed by the Court;

(2) No probate proceedings or petition to commence such

proceedings are pending in Guam;

(3) The applicant is a successor-in- interest of the decedent

entitled to collect the award or a part thereof and explaining the

relationship of the applicant to the decedent;

(4) The names and mailing addresses (if known) of the persons

entitled to share in the award, their relationship to the decedent, and

their respective interests in the award;

(5) Not less than thirty (30) days before filing the affidavit with

the Court, the applicant will send by pre-paid mail, certified or

registered, return receipt requested, a copy of the affidavit to each

person entitled to share in the award for whom a mailing address is

known, together with notice that if such a person objects to the

proposed plan of distribution he shall file a written objection with

the Court before the expiration of the thirty-(30-)day period; the

applicant shall file with such affidavit sworn proof of such mailing.

(6) Either the Public Defender, an attorney member of the

office of the Attorney General, a judge of the Superior Court, or a

judge pro tem, appointed by the presiding judge of the Superior

Court to assist in such cases, (which representative shall also exe-

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cute the affidavit) finds the applicant's plan of distribution to be fair

and equitable.

(7) The applicant will, upon collection of the award, endeavor

in good faith and with reasonable diligence to distribute the award

to those entitled by the Guam laws of succession to shares therein.

If any person entitled to the award or any portion thereof

cannot be found (therefore making it impossible to distribute same

to him), such award or portion thereof allocable to him shall be

deposited in a trust account in the Superior Court of Guam for a

period not to exceed five (5) years. At the expiration of five (5)

years if the person cannot be found the Clerk of Court shall

distribute the award pro rata to those entitled thereto by the laws of

succession;

(c) No person delivering an award exempt from administration

under this section shall be liable for any loss or damage whatsoever to

anyone, or be responsible for seeing to the proper distribution of the

award, or is required to inquire into the truth of any statement in the

affidavit. Any person to whom an award is delivered pursuant to this

section is answerable and accountable therefor to any personal repre-

sentative of the decedent's estate or to any other person having a right to

the award or any portion thereof.