Inheritance Laws in Guam (US)
Inheritance laws in Guam follow the laws of the United States, but there are also specific local provisions that apply in this U.S. territory. Guam operates under the Civil Code of Guam, which is based on California civil law, with influences from Spanish law due to its colonial history.
Here is an overview of the inheritance laws in Guam:
1. Testate Succession (Inheritance According to a Will)
In Guam, individuals have the right to create a will (known as testament), specifying how their estate should be distributed after their death. The laws surrounding wills in Guam are similar to those of the U.S. mainland, but they are influenced by the island's unique legal history.
Requirements for a Valid Will:
To ensure that a will is valid in Guam, it must meet the following basic requirements:
- Written: The will must be in writing.
- Signed by the Testator: The testator (the person creating the will) must sign the will.
- Witnesses: The will must be witnessed by at least two competent witnesses, who must also sign the will in the presence of the testator.
- Age and Capacity: The testator must be at least 18 years old and of sound mind (mentally competent) to make a will.
Types of Wills:
- Holographic Will: A will written entirely in the testator's handwriting and signed by them. While valid in many U.S. jurisdictions, this type of will must meet specific requirements in Guam, such as being entirely handwritten and signed.
- Notarial Will: A formal will executed with the assistance of a notary, which may also be a valid form of will in Guam.
Freedom of Testation:
In Guam, a testator generally has the freedom to leave their estate to anyone, but there are restrictions in place when it comes to certain family members, such as spouses and children, who may have statutory inheritance rights.
2. Intestate Succession (Inheritance Without a Will)
When a person dies intestate (without a valid will), their estate is distributed according to the laws of intestate succession under the Civil Code of Guam. The distribution follows a hierarchy of heirs, with priority given to the closest relatives.
Order of Intestate Succession:
The estate will be distributed in the following order, based on who survives the decedent:
Spouse and Children:
- If there is a spouse and children, the estate will be divided between them.
- The surviving spouse typically receives a third of the estate if there are children. The remaining portion is divided equally among the children.
- If there are no children, the spouse receives a larger portion (typically half of the estate).
No Spouse or Children:
- If there is no spouse or children, the estate will be distributed to the parents or, if the parents are deceased, to siblings.
- If there are no parents or siblings, the estate will go to more distant relatives, such as aunts, uncles, or cousins.
No Relatives:
- If no surviving relatives can be found, the estate will be transferred to the territorial government of Guam.
3. Inheritance Rights of the Spouse
The surviving spouse has specific inheritance rights under the laws of Guam. The exact share the surviving spouse will receive depends on the presence of children or other relatives.
- If there are children, the surviving spouse inherits a third of the estate, with the remaining portion divided equally among the children.
- If there are no children but there are other relatives, the surviving spouse may inherit half of the estate.
Guam law provides the surviving spouse with inheritance rights, and they are treated as one of the primary beneficiaries in intestate succession.
4. Inheritance Rights of Children
Under the inheritance laws of Guam, children are the primary heirs if the decedent dies intestate. The children are entitled to an equal share of the estate, with the remainder of the estate being distributed to the surviving spouse.
- If there is one child, they inherit the entire remaining portion of the estate after the spouse's share.
- If there are multiple children, the estate is divided equally among them.
Children include both biological children and adopted children. Illegitimate children (those born outside of marriage) have the same inheritance rights as legitimate children.
5. Community Property vs. Separate Property
Guam follows the community property system, which is also present in several U.S. states. This means that property acquired during the marriage is generally considered to be jointly owned by both spouses, even if the title is in only one spouse's name.
- Community Property: Property acquired during the marriage (unless a specific agreement states otherwise) is considered community property and is typically divided between the surviving spouse and the children.
- Separate Property: Property that was owned before the marriage or inherited/gifted specifically to one spouse is considered separate property and is distributed according to the will or intestate laws.
6. Inheritance Tax
Currently, Guam does not impose an inheritance tax or estate tax on the transfer of assets after a person's death. This means that heirs do not have to pay taxes on the value of the estate they inherit.
However, if the estate involves real property or other assets located in other U.S. states or territories, federal estate taxes or taxes from other jurisdictions may apply. Additionally, the transfer of property might incur fees, such as court filing fees during the probate process.
7. Probate and Estate Administration
In Guam, the probate process is managed by the Superior Court of Guam. When a person dies, their estate must go through the probate process if it includes significant assets. Probate involves the court overseeing the distribution of the estate according to the will or intestate succession laws.
- If the decedent left a will, the probate process involves proving the will's validity and administering the estate.
- If there is no will, an administrator is appointed by the court to manage the estate according to the rules of intestate succession.
- Probate fees apply to cover the costs of court proceedings and legal processes involved in the administration of the estate.
8. Disputes Over Inheritance
Disputes over inheritance can arise if family members believe that the will is invalid, or if there are disagreements about how the estate should be divided. These disputes can be resolved through the court system.
- Challenges to the validity of the will: Family members may challenge the will if they believe it was created under duress, if the testator lacked mental capacity, or if there was undue influence.
- Disagreements about the distribution: Even in intestate situations, disagreements can occur among family members regarding how the estate should be divided.
The Superior Court of Guam handles such disputes, and if necessary, individuals can seek legal advice or representation to resolve inheritance issues.
9. International Considerations
If the deceased person had assets outside of Guam, the inheritance may be subject to the laws of the state or country where the property is located. For example, if the person owned real property in another U.S. state, that state’s laws would govern the distribution of that property.
However, Guam generally follows U.S. federal law when it comes to the inheritance of assets across borders, especially regarding the transfer of real property or other significant assets.
Conclusion
Inheritance laws in Guam are primarily based on the Civil Code of Guam, which draws from U.S. law and reflects a mixture of common law principles. In cases of testate succession, individuals can leave their estate to anyone, but there are restrictions on disinheriting family members such as children and the spouse. For intestate succession, the estate is typically divided between the spouse and children, with additional rules for other relatives in the absence of immediate family. Guam does not impose an inheritance or estate tax, and the probate process ensures that estates are administered according to the law.
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