Who can petition for probate in Guam?

One of the first steps in the probate process is having a representative appointed to manage the estate. Whether it is an executor, or person identified to carry out the terms of a Will, or an administrator, someone authorized to represent the estate by Guam law, the court must first decide if the person or entity meets all legal requirements to serve in that role. 

The three general requirements to serve as either an executor or administrator are:

1. You must be a resident of Guam;

2. You must be over the age of 18 years-old; and

3. You must not have been convicted of a felony crime*

If someone passes away with a Will, they will identify a person or entity to act as “executor” and carry out the terms of their Will. An executor can be either a natural person or an entity.

If someone passes away without a Will, Guam law provides who can serve as the “administrator” of the estate. Guam law sets the following priority to be appointed the administrator: 

1. A surviving spouse or their nominee 

2. The decedent’s children 

3. The decedent’s grandchildren 

4. The decedent’s parents

5. The decedent’s siblings 

6. The decedent’s next of kin entitled to share in the estate

7. Relatives of a previously deceased spouse who are entitled to inherit some portion of the estate. (8) 

8. The decedent’s creditors

In a case where someone passes away without a will, or intestate, and several people petition to become administrators, the court has the discretion to grant multiple letters of administration. The priority means that if two people petition to open probate of different levels, the court should give deference to the statutory priority. For example, if a decedent’s creditors and a decedent’s children both petition the court to serve as administrator, the court should give preference to the decedent’s children. If two individuals with the same priority petition, such as a decedent’s grandchildren, the court may be more willing to appoint both to serve as administrator.

People authorized to serve as an administrator can also nominate someone else to act in that role on their behalf, but their priority may not be the same.  

Compensation

The compensation for an administrator of an estate is set by Guam law. A Will can set the compensation for an executor. However, if the Will does not set compensation or the executor renounces their right to compensation under the Will, the executor’s compensation would be the same as an administrator.

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.

*If you have been convicted of a felony crime, you can petition the court and try to show that you are able to execute the duties