Appointment of Administrators With the Will Annexed in

the First Instance; Circumstances for and Priority of Appointment; Powers; Security for Faithful Performance of Trust.

(a)The Superior Court of Guam shall appoint an administrator with the will annexed in the first instance, and shall grant to such appointee letters of administration with the will annexed upon proper petition therefor, when a decedent's will has been duly proved and:

(1)No executor is named in the will; or

(2)The sole executor or all the executors named in the will are dead; or

(3)The sole executor or all the executors named in the will are incompetent to execute the trust under the provisions of Section 1701 of this Title; or

(4)The sole executor or all the executors named in the will fail to apply for letters testamentary; or

(5)The sole executor or all the executors named in the will fail to appear and qualify at the hearing provided in Section 1515 of this Title; or

(6)The Superior Court of Guam determines, following the hearing referred to in Section 1723(a) of this Title, that letters testamentary shall not be granted to the persons named in the will as executors, or to any of them. COL120106 CH. 17 APPOINTMENT OF EXECUTORS AND OF ADMINISTRATORS WITH THE WILL ANNEXED

(b)Persons are entitled to appointment as administrators with the will annexed in the same order of priority as in the appointment of administrators; provided, that one who takes under the will has priority over one who does not, and need not be entitled to succeed to the estate or some portion thereof under the law of succession; and provided further, that notwithstanding any other provisions of this subsection, letters of administration with the will annexed may be granted to one or more competent persons who are not otherwise entitled to appointment as a matter of priority, upon the written request filed with the Superior Court of Guam by a resident of Guam who takes more than fifty percent (50%) of the value of the estate under the will.

(c)Administrators with the will annexed have the same authority over estates which executors named in the will would have had, and their acts are as effectual for all purposes; but if a power or authority conferred upon an executor is discretionary, and is not conferred by law, it shall not be deemed to be conferred upon an administrator with the will annexed.

(d)The provisions of Sections 1701, 1709, 1711, 1713 and 1715 shall apply to administrators with the will annexed with the same force and effect as those provisions apply to executors.

(e)Notwithstanding the provisions of subsection

(a)of this Section, the Superior Court of Guam may also grant letters of administration with the will annexed pursuant to the applicable provisions of Chapter 21 of this Title.