Location
Post Office Box 23
Pago Pago , American Samoa 96799
We are the licensing body and the official bar association for all of those who practice law in American Samoa. The American Samoa Bar Association serves to promote justice, the rule of law, and the interests of the legal system. We do this through public education, legislative review, promoting the judiciary, and advocating the rule of law. We also offer a legal scholarship to a student that shows exemplary academics and a desire to promote the rule of law in American Samoa.
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Resources
Displaying 11 - 15 of 21Interstate Succession - Estates and Fiduciary Relations (Chapter 02 of Title 40).
This Chapter provides for certain aspects of inheritance of real property. When any person having any title to any real property dies without disposing of such real property by will, it shall be succeeded to and must be distributed, subject to the payment of debts and the rights of dower, in the manner as set out in section 2. If there is no one capable of succeeding to either real or personal property, the real and personal property of the decedent shall escheat to the government as the ultimate heir.
Escheat of Personal Property - Estates and Fiduciary Relations (Chapter 05 of Title 40).
If any person, who, at the time of his death, is the owner of any personal property in this Territory, and died, intestate, without heirs or known kindred, capable of inheriting the same, and without leaving a surviving spouse, such personal property, shall escheat to the Territory. If any person, who, at the time of his death, is the owner of any personal property in this Territory, and died, intestate, without heirs or known kindred, capable of inheriting the same, and without leaving a surviving spouse, such personal property, shall escheat to the Territory.
Administration of Estates - Estates and Fiduciary Relations (Chapter 03 of Title 40).
This Chapter makes provision for the administration of estates of deceased persons. The estates of deceased persons shall be administered in the Trial Division of the High Court, which shall have exclusive jurisdiction over such estates. Section 5 defines the priority for granting letters of administration of estates to relatives, creditors or persons appointed by the trail division of the High Court. Sections 6 and 7 concern qualifications of administrators and executors.
Separation of Structures from Communal Land – Property (Chapter 15 of Title 37).
The senior matai in charge of communal lands belonging to his family, or the male members of the family owning and residing on communal lands, or the owner of individually owned lands or freehold lands, shall have the power and authority, as limited by this Chapter, to agree with any person that any structure now existing or hereinafter erected on such lands shall not be or become a part of the real estate, but shall remain separate and distinct therefrom, subject to ownership separate from the land, and also subject to the right of removal by the owner of the structure.
Government Land Transactions – Estates and Fiduciary Relations (Chapter 20 of Title 40).
This Chapter makes provision for the expropriation of land in American Samoa by the Government for public purposes and for lease of public lands. Where possible, the Governor shall consult with the Legislature about proposed condemnation projects, and shall obtain the advice of the Legislature on all such projects. Compensation shall be paid. Land not used for the stated public purpose within five years of condemnation shall be returned to the owner.