Under Guam probate law, what happens if a family member passes away with property in Guam, but I don’t live there?
One of the requirements to be appointed an administrator or executor in Guam is that you be a Guam resident. So what happens if someone passes away with property in Guam, but there are no family members living on island to handle the probate process?
Guam law authorizes people who can serve as an administrator or executor to nominate someone to serve in that role on their behalf. For example, a spouse or a child could nominate a relative, friend, or even an attorney to serve as the administrator and handle the probate process. In fact, Guam law also recognizes and specifically addresses what happens when a lawyer serves as both the administrator and attorney for an estate.
What happens if someone passes away with property in another jurisdiction and Guam?
This is often related to a situation where someone who is a resident somewhere else, but passes away with property in Guam. In these situations, the primary probate proceeding will be opened where the decedent is a resident and an “ancillary probate” or secondary probate proceeding needs to be opened in Guam to deal with the property there. It’s important to note that the laws of the jurisdiction where real property is located, not where the decedent resided or primary probate proceeding, governs how that property is distributed. In Guam, there is no significant difference in the probate process or probate fees of an ancillary probate.
An example of when an ancillary probate would be needed would be someone who moved to California at a young age, but later inherited property in Guam from their parents. If they were to pass away with a house in California that needed to be probated and property in Guam, probate proceedings would need to be opened in both California and Guam. Guam law would determine how the real property in Guam would be distributed.
If you or someone you know has questions about the probate process or need help starting the process, you can contact us via email or at (671) 989-2023.