Who May be Executors; Who May Not

(a)Any of the following may be appointed to serve as executors:

(1)Natural persons;

(2)Territorial banks which are authorized by their charters to exercise trust powers and which have qualified to act as fiduciaries COL120106 CH. 17 APPOINTMENT OF EXECUTORS AND OF ADMINISTRATORS WITH THE WILL ANNEXED pursuant to the provisions of Part C of Chapter I of Article III of Title XXXI (being Sections 30200 through 30204, inclusive) of the Government Code of Guam;

(3)State or national banks which

(i)have received the approval of the Commissioner of Banking to establish an office in the territory of Guam and to engage in the business of banking in the territory of Guam,

(ii)are conducting a domestic banking business in the territory of Guam,

(iii)are authorized by their charters to exercise trust powers, and

(iv)have qualified to act as fiduciaries pursuant to the provisions of Part C of Chapter I of Article III of Title XXXI (being Sections 30200 through 30204, inclusive) of the Government Code of Guam;

(4)Trust companies which are not banks, which have qualified to act as fiduciaries under the laws of the territory of Guam.

(b)If the sole executor or all the executors named in the will are dead, neither their executors nor any of them shall be appointed to serve as the first testator's executor merely because of their position, or that of any of them, as executors of the first testator's executor.

(c)No natural person is competent to serve as an executor who:

(1)is under the age of majority;

(2)is not a resident of the territory of Guam;

(3)is not physically present in the territory of Guam;

(4)has been convicted of a felony, unless the Superior Court of Guam is satisfied that such person is competent to execute the duties of the trust; or

(5)is adjudged by the Superior Court of Guam incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of understanding or integrity.

(d)The letters of any natural person appointed to serve as an executor may, in the discretion of the Superior Court of Guam, be revoked if during the course of the administration such executor COL120106 CH. 17 APPOINTMENT OF EXECUTORS AND OF ADMINISTRATORS WITH THE WILL ANNEXED

(1)ceases to be a resident of the territory of Guam,

(2)ceases to be physically present in the territory of Guam, or

(3)is adjudged by the Superior Court of Guam incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of understanding or integrity.