Guam Probate Fees

Introduction:

1. Costs of Administering Probate in Guam

2. Guam Statutory Probate Fees

3. Guam Probate Closing Costs

One of the most common questions people have when starting the probate process is how much it could cost. There are 2 types of expenses to consider: (1) the costs needed to meet all the legal requirements in a probate; and (2) the fees paid to the administrator, attorney, and court to finalize the probate process. There are also situations where extraordinary fees may be warranted. The summary below is of the standard costs and fees you can expect in a Guam probate.

Guam law requires that notice be given to all heirs and to the general public at various points in the probate process. For example, Guam law requires that notice of the first hearing in a probate be published in a Guam newspaper and mailed to heirs and creditors. Guam law also requires that a notice to creditors be published 3 times. The cost of publication and mailing starts at around $1,250. Another example is the cost of obtaining an asset search or Preliminary Title Report if real property is part of the estate. Administrators can be reimbursed for these expenses at the end of the probate process.

Guam law sets the amount that administrators and attorneys are paid for handling an estate based on the gross value of the estate:

• 8% for the first $5,000

• 5% for the next $10,000

• 4% for the next $15,000

• 3% for the next $20,000

• 2% for the next $100,000

• 1.5% for the next $350,000

• 1% for the next $500,000

• 1% for anything remaining

 Here is an example:

What would the statutory probate fees be for an estate with a gross value of $250,000?

An attorney and an administrator are entitled to receive exactly the same fee under Guam law. Therefore, the total fee in this example would be $11,200 ($5,600 for the administrator fee + $5,600 in attorney fees).

Court closing costs must be paid in order to finalize the probate process. These costs are set by rule and are also based on the total value of the estate (download fee schedule here):

• $10 for the first $1,000

• $50 for the next $1,000

• $80 for the next $2,000

• $100 for the next $3,500

• $20 for every $1,000 above $7,500

It is important to note that closing costs cannot exceed $5,000 unless the court decides the complexity of the case requires a higher fee.

Using the example above with an estate with a gross value of $250,000:

The total court closing costs in this example would be $5,000 unless the court decided the case was complex and justified a higher fee.

Need help with a Guam probate?

If you or someone you know has questions about the probate process or the costs of probate in Guam, contact our team today!