When Security Becomes Insufficient: Requirement of

Further Security; May Be With or Without Hearing; Appointment of Person Next In Order; Revocation of Letters.

(a)Any person interested in an estate may, at any time prior to the discharge of the personal representative, represent to the Superior Court of Guam, by verified petition, that the security provided by the personal representative for the faithful performance of his trust has become insufficient, and ask that further security be required; or, if it comes to the knowledge of the Superior Court of Guam that the security provided by the personal representative for the faithful performance of his trust is from any cause insufficient, the Superior Court of Guam may, of its own motion, require further security.

(b)If the Superior Court of Guam is satisfied from the petition provided for in subsection

(a)of this Section, or from its own information, that the matter requires investigation, a citation shall be issued to the personal representative, requiring him to appear before the Superior Court of Guam at a designated time to show cause why he should not provide further security for the faithful performance of his trust. The citation shall be personally served on the personal representative by the office of the Marshal of the Superior Court of Guam, at least five

(5)calendar days before the return day. If the personal representative has absconded, or cannot be found, the citation may be served by leaving a copy thereof at his residence, or by such publication as the Superior Court of Guam may order. On the return of the citation, or at such other time as the Superior Court of Guam may appoint, it shall proceed to hear the matter, and if it satisfactorily appears that the security, from any cause, is insufficient, the Superior Court of Guam shall order the personal representative to provide further security, in such form and amount and subject to such terms and conditions as COL10312014 CH. 20 OATH, FORM OF LETTERS, AND SECURITY FOR FAITHFUL PERFORMANCE OF PERSONAL REPRESENTATIVE may be prescribed by the Superior Court of Guam, within five

(5)calendar days after the date of the entry of the order.

(c)If sufficient further security is not provided within the time fixed by the order of the Superior Court of Guam, as provided in subsection

(b)of this Section, the right of the personal representative shall cease, and the person next entitled to administer the estate, who will give sufficient security for the faithful performance of this trust pursuant to the provisions of this Subchapter, shall be appointed. If letters have already issued to the personal representative, the same shall be revoked and his authority shall thereupon cease.