Proof of Witnessed Will in Uncontested Proceedings

(a)If no one appears to contest the probate at the hearing provided in Section 1515 of this Title, and upon proof that due notice of the hearing has been given pursuant to the provisions of Sections 1517 and 3401 of this Title, the Superior Court of Guam may admit a witnessed will to probate and grant letters testamentary or letters of administration with the will annexed upon the evidence of one of the subscribing witnesses only, if the evidence shows that the will was executed in all particulars as required by law.

(b)If no one appears at the hearing to contest the probate, the evidence of subscribing witnesses may be received as follows:

(1)By the sworn testimony of one or more subscribing witnesses in open court;

(2)By the affidavit of one or more subscribing witnesses, to each of which there is attached a photographic copy of the will; or COL120106 CH. 15 PROBATE OF WILLS

(3)By the deposition of one or more subscribing witnesses, taken elsewhere than in Guam; provided, that each such subscribing witness shall be presented upon his examination with a photographic copy of the will, and may be asked the same questions with respect to it and the handwriting of himself, the testator, and the other subscribing witnesses, as would be relevant and competent if the original will were present.

(c)Notwithstanding the provisions of subsection

(a)of this Section, if no one appears at the hearing to contest the probate, and if the Superior Court of Guam is satisfied that the evidence of no subscribing witness can be procured after reasonable search or inquiry, and upon proof that due notice of the hearing has been given pursuant to the provisions of Sections 1517 and 3401 of this Title, the Superior Court of Guam may, if the will on its face conforms to all requirements of law, admit the will to probate and grant letters testamentary or letters of administration with the will annexed as follows:

(1)Upon proof of the handwriting of the testator and any one of the subscribing witnesses; or

(2)Upon proof of the handwriting of the testator and receipt in evidence either of a writing at the end of the document offered as a will bearing the purported signatures of all subscribing witnesses, or an affidavit of a person with personal knowledge of the circumstances of execution, which writing or affidavit recites facts showing the due execution of the will.

(d)If the subscribing witnesses are competent at the time of attesting the execution, their subsequent incompetency, from whatever cause, will not prevent the probate of the will and the grant of letters testamentary or of letters of administration with the will annexed, if the will is otherwise satisfactorily proved under the provisions of this Section.