Acquisition of Decedent's Estate; Custody of Property;

Limitations on Possession of Property; Interests in Actions by and Against Heirs and Devisees of Real Property; Delivery of Real Property to Heirs and Devisees.

(a)Except as otherwise provided in Section 2207 of this Title, the personal representative shall take into his possession all the estate of the decedent, real and personal, and collect all debts due to the decedent or to the estate; and the personal representative is entitled to the possession of all the real and personal property of the decedent, and to receive the rents, issues and profits thereof until the estate is settled or until COL372014 CH. 22 POWERS AND DUTIES OF EXECUTORS, ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS delivered over by order of the Superior Court of Guam to the heirs, devisees or legatees.

(b)The personal representative must keep in good tenantable repair all houses, buildings and fixtures thereon which are under his control.

(c)Notwithstanding the provisions of subsection

(a)of this Section, after the time to file or present claims has expired the personal representative is not entitled to recover the possession of any property of the estate from any heir who has succeeded to the property in such heir's possession, or from any devisee or legatee to whom the property has been devised or bequeathed, or from the assignee of any such heir, devisee or legatee, unless the personal representative proves that the same is necessary for the payment of debts or legacies, or of the expenses of administration already accrued, or for distribution to some other heir, devisee or legatee entitled thereto.

(d)Any of the heirs or devisees may themselves, or jointly with the personal representative, institute and maintain an action for the possession of the real property, or for the purpose of quieting title to the same, against any one except the personal representative, but they are not required to do so.

(e)When the time to file or present claims has expired, the personal representative must deliver possession of the real property to the heirs or devisees, unless the income therefrom for a longer period, or a sale thereof, is required for the payment of the debts of the decedent.