Priority of Payments Continued

When a COLA Award is authorized to be paid in accordance with this Section, such payment shall be made as follows:

(a)If an estate proceeding has been opened for a COLA Awardee and a Personal Representative has been appointed, then the COLA Award (or the applicable percentage thereof designated to the deceased beneficiary) shall be paid to the duly appointed Personal Representative of the COLA Awardee’s Estate to be distributed as part thereof;

(b)If an estate proceeding has been opened for a COLA Awardee but has since been closed and a Decree of Final Distribution has been issued and filed, then the Fund shall pay the COLA Award to the Personal Representative of the COLA Awardee’s Estate upon submission of a reappointment, new Letters Testamentary or Letters of Administration, as the case may be, in accordance with a reopening of the estate pursuant to Title 15 GCA § 3039;

(c)If an estate proceeding was never opened, then any person claiming to be an heir of the COLA Awardee or otherwise claiming to be entitled to distribution of the COLA Award or any part thereof may file a Petition in the Superior Court setting forth his or her claim and requesting the Superior Court to determine who is entitled to the COLA Award distribution. Upon submission of the Superior Court’s Final Decree determining which persons are entitled to distribution of the COLA Award and setting forth the interests of each, the Fund shall notify the Treasurer of Guam to make payment in accordance with said Decree; or

(d)If an estate proceeding was never opened, any person claiming to be an heir of the COLA Awardee or otherwise claiming to be entitled to distribution of the COLA Award or any part thereof may file a petition pursuant to Title 15 GCA § 3101.1.