What happens to my property in Guam if I die without a will?

If someone passes away without a will, their property will be divided to heirs according to “intestate succession,” the default rules set by Guam law. These laws determine how your assets will be distributed among your surviving relatives. The specifics of intestate succession in Guam may change over time due to legislative updates, so it's essential to consult with a legal professional or refer to the most current Guam statutes for the most accurate information. 

The distribution of community property differs greatly from how separate property is distributed. Community property is property that is acquired during the marriage and paid for through the use of community property funds. Separate property is property that is inherited or received as a gift. Generally, the decedent’s surviving spouse will inherit all of the community property. This is a general overview of how separate property distribution works in Guam when there is no will:

• Surviving Spouse

• If  the decedent has a surviving spouse but no children, their estate would be split equally between their surviving spouse and parents. If either parent has passed away, that share would go to the surviving parent. If neither parent is alive, that share goes to their children by right of representation.

• If the decedent has a surviving spouse and one child, their separate property is split equally between them. If the decedent has a surviving spouse and more than one child, one third (⅓) of their separate property goes to their surviving spouse, and the remaining two-thirds (⅔) goes to the decedent’s children and or their grandchildren.

• Surviving Children or Descendants

• If the decedent has surviving children or descendants but no surviving spouse, their estate is generally divided equally among your children or descendants.

• Parents, Siblings, and Other Relatives

• If you have no surviving spouse, children, or descendants, your estate may go to your parents. If neither of your parents are alive, the decedent’s estate would go to their brothers and sisters and their descendants. If a decedent leaves no surviving spouse, children, parents, or siblings, their property may be distributed to their next of kin or more distant relatives. 

It's important to note that intestate succession laws can be complex, and the specific distribution of assets may vary depending on the relationships and circumstances involved. Additionally, if no eligible heirs can be found, a decedent’s property may ultimately escheat (revert) to the government.

To ensure that your property is distributed according to your wishes and to avoid potential disputes or complications, it's generally advisable to create a valid will that clearly outlines your preferences for asset distribution. Consult with an attorney in Guam who specializes in estate planning to help you draft a legally sound will that reflects your intentions.

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.