Revocation of Letters of Administration When Person With

Prior Right Asserts Such Right; Procedure; Discretion of Court to Refuse Grant of Letters.

(a)When letters of administration have been granted to an intestate's child, grandchild, parent, brother or sister, or to any person to whom such letters have been granted under the provisions of Section 1805(a)(9) of this Title, such intestate's surviving spouse may assert his prior right, and be granted letters of administration, and have the letters before granted revoked, in the manner provided in subsection

(d)of this Section. COL120106 CH. 21 REMOVAL AND SUBSTITUTION OF PERSONAL REPRESENTATIVES

(b)When letters of administration have been granted to an intestate's child, grandchild, parent, brother or sister, or to any person to whom such letters have been granted under the provisions of Section 1805(a)(9) of this Title, any of such intestate's children, grandchildren, parents, brothers or sisters may assert his prior right, and be granted letters of administration, and have the letters before granted revoked, in the manner provided in subsection

(d)of this Section.

(c)When letters of administration have been granted to any person other than an intestate's surviving spouse, child, grandchild, parent, brother or sister, any one of them who is competent and had a prior right to letters of administration, or any competent person at the written request of any one of them who is competent and had such prior right, may assert such prior right, and be granted letters of administration, and have the letters before granted revoked, in the manner provided in subsection

(d)of this Section.

(d)Any person who may assert a prior right to letters of administration pursuant to the provisions of subsections (a),

(b)or

(c)of this Section may do so by filing in the Superior Court of Guam a petition praying the revocation of the letters before granted, and that letters of administration be granted to him. When such petition is filed, the Clerk of the Superior Court of Guam shall set the matter for hearing, and notice shall be given in the manner provided in Section 3401 of this Title, and the Clerk of the Superior Court of Guam shall issue a citation to the administrator to appear and answer the petition at the time appointed for the hearing. At the hearing, upon proof that the citation has been duly served and notice given as above required, the Superior Court of Guam shall take evidence upon the petition, and if the right of the applicant is established, and the applicant is competent, letters of administration shall be granted to the applicant and the letters of the former administrator revoked.

(e)The Superior Court of Guam, in its discretion, may refuse to grant letters of administration as provided hereinabove in this Section to any person, or to the nominee of any person, who had actual notice of the first petition for letters of administration and an opportunity to contest the same.