Selection and Designation of Probate Homestead; Property

From Which Selected; Duration; Subjection to Administration.

(a)If no homestead has been selected, designated and recorded, or in case the homestead was selected by the surviving spouse out of the separate property of the decedent, the decedent not having joined therein, the Superior Court of Guam, on petition therefor and in the manner hereinafter provided, must select, designate and set apart and cause to be recorded a homestead for the use of the surviving spouse and minor children, or, if there be no surviving spouse, then for the use of the minor child or children. Such homestead selected, designated and set apart and caused to be recorded by the Superior Court may be referred to as a Aprobate homestead.@

(b)The Aprobate homestead@ referred to in subsection

(a)of this Section shall be selected, designated and set apart out of the community property, or out of property to which Section 1101 of this Title is applicable, or out of real property owned in common by the decedent and the person or persons entitled to have the homestead set apart; or, if there be no community property, or no property to which Section 1101 of this Title is applicable, or no real property owned in common by the decedent and the person or persons entitled to have the homestead set apart, then out of the separate property of the decedent.

(c)If the Aprobate homestead@ selected, designated and set apart under the provisions of this Section is the separate property of the decedent, the Superior Court can set it apart only for a limited period, to be designated in the order, and in no case beyond the lifetime of the surviving spouse, or, as to a child, beyond its minority; and, subject to such homestead right, such property remains subject to administration.