Mode of Setting for Hearing and of Giving Notice

(a)(1) Upon the filing of the following petitions:

(A)A petition for the probate of a will and for the grant of letters testamentary or of letters of administration with the will annexed, filed under the provisions of Section 1515 of this Title;

(B)A petition for letters of administration, filed under the provisions of Section 1813 of this Title;

(C)A petition for the revocation of letters of administration and for the grant of letters of administration to a person with prior right thereto, filed under the provisions of Section 2107 of this Title; and COL061308 CH. 34 NOTICES, ORDERS, PROCEDURE, APPEALS, FORMS

(D)A petition to set aside an estate of under $20,000.00 in value to the surviving spouse or to the minor child or children of the decedent, filed under the provisions of Section 3115(a) of this Title without there having been any other petition filed, the Clerk of the Superior Court of Guam shall set the same for hearing by the Superior Court of Guam upon some date not fewer than twenty

(20)nor more than thirty

(30)calendar days after the date of filing. Such notice shall contain, but shall not be limited to, the name of the estate, the name of the petitioner and the nature of the petition (referring to the petition for further particulars,) and shall state the time and place at which the petition will be heard.

(2)Notice of the hearings referred to in subsection (a)(1) of this Section shall be given by the petitioner, by posting a copy of the notice of such hearing in the office of the municipal commissioner in the municipality in which the decedent resided at the time of his death, which copy shall be so posted at least fifteen

(15)calendar days prior to the date set for such hearing, and by publishing notice of such hearing in a daily newspaper of general circulation in the territory of Guam for three

(3)consecutive days, the last of which publications shall be not more than ten

(10)calendar days prior to the date set for such hearing. The notice of the hearing appearing in a daily newspaper of general circulation shall be printed in a typeface no smaller than eight

(8)points.

(3)Notice of the hearings referred to in subsection (a)(1) of this Section shall also be given by the petitioner in the manner provided in subsection

(b)of this Section, to the extent the provisions of subsection (b)(1) of this Section are applicable. (b)(1) Upon the filing of any petition, application or paper as to which it is provided in this Title that notice shall be given as provided in this Section, the Clerk of the Superior Court of Guam shall set the same for hearing by the Superior Court of Guam and notice thereof shall be given by the petitioner, applicant or moving party to the following:

(A)The personal representative if he is not the petitioner;

(B)Any co-personal representative not petitioning; COL061308 CH. 34 NOTICES, ORDERS, PROCEDURE, APPEALS, FORMS

(C)Each person named as an heir, devisee or legatee of the decedent in the petition for probate of will and for the grant of letters testamentary or of letters of administration with the will annexed, or in the petition for letters of administration, as the case may be;

(D)Each person (or his attorney, if he has appeared by attorney) who has requested special notice as provided in Section 3403 of this Title;

(E)Each person (or his attorney, if he has appeared by attorney) who has given notice of appearance in the estate in person or by attorney, as heir, devisee, legatee or creditor; and

(F)Any other person to whom the Superior Court of Guam shall order that notice be given.

(2)The notice required by subsection (b)(1) of this Section shall either be served personally upon the persons mentioned in subsections (b)(1)(A) through (b)(1)(F), inclusive, of this Section, or sent to such persons by registered mail, addressed to them at their respective mailing addresses given in their requests for special notice, if any, otherwise to their respective offices or places of residence. Such notice shall be given at least seven

(7)calendar days prior to the time set for the hearing to which the notice refers.

(3)The notice required by subsection (b)(1) of this Section shall contain, but shall not be limited to, the name of the estate, the name of the petitioner, applicant or moving party, the nature of the petition, application or paper (referring to the petition, application or paper for further particulars,) and shall state the time and place at which the petition, application or other paper will be heard.

(c)Proof of the giving of notice, as provided in this Section, must be made at the hearing; and if it appears to the satisfaction of the Superior Court of Guam that said notice has been regularly given, the Superior Court of Guam shall so find in its order, and such order, when it becomes final, shall be conclusive upon all persons.

(d)In all cases in which notice is required and no time for such notice is prescribed in this Title, and in all cases in which a hearing is required by the Superior Court of Guam acting upon its own motion, the Clerk of the Superior Court of Guam shall set the same for hearing by the COL061308 CH. 34 NOTICES, ORDERS, PROCEDURE, APPEALS, FORMS Superior Court of Guam and notice thereof shall be given as provided by the order of the Superior Court of Guam.