Section 3101 of the Guam Estates and Probate Code, 15 GUAM CODE ANN. §3101 (2014),
delineates the circumstances in which an underpayment may be collected from SSA by
use of an affidavit. The section provides:
“When a decedent leaves no real property in the territory of Guam, and the total value
of the decedent’s property in the territory, does not exceed $20,000, the following
individuals may, without obtaining letters testamentary, letters of administration
and without awaiting administration of the estate (whether the decedent died with
or without a will), collect any money due to the decedent, receive the property of
the decedent, and have any evidences of interest, indebtedness or right transferred
to such person or persons upon furnishing an affidavit showing the right or the person
or persons to receive the money or property, or to have such evidences transferred
to:
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lawful issue of deceased children,
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brothers or sisters of the decedent,
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lawful issue of a deceased brother or sister,
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guardian of the estate of any minor or incompetent person who bears any such relationship
to the decedent, or
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the trustee named in the decedent’s trust, the primary beneficiaries of which bear
any such relationship to the decedent, provided that such person(s) have the right
to succeed to the decedent’s property or constitute the sole beneficiary(ies) under
the decedent’s will.
“Total value of the decedent’s property” excludes all property outside of the territory,
the value of any motor vehicle legally owned by the decedent amounts due the decedent
for services in the armed forces of the United States, any salary owed the decedent
not exceeding $3,000 including compensation for unused vacation, and property held
as a joint tenant or pursuant to a life estate.” See 15 GUAM CODE ANN. §§ 3101 & 3107
(2014).