§ 35A-1281. Removal of ward's personalty from State. - North Carolina Statutes

§35A‑1281.  Removal of ward's personalty from State.

(a)        For purposes ofthis section, the term "personal estate" means:

(1)        Personal property;

(2)        Personal propertysubstituted for realty by decree of court;

(3)        Any money arisingfrom the sale of real estate, whether the same be in the hands of any guardianresiding in this State; or in the hands of any executor, administrator, orother person holding for the ward; or, if not being adversely held and claimed,not in the lawful possession or control of any person.

(b)        Where any wardresiding in another state or territory, or in the District of Columbia, orCanada, or other foreign country, is entitled to any personal estate in thisState, the ward's guardian or trustee duly appointed at the place where suchward resides, or, in the event no guardian or trustee has been appointed, thecourt or officer of the court authorized by the laws of such place to receivemoneys belonging to any ward when no guardian or trustee has been appointed,may apply to have such estate removed to the residence of the ward by petitionfiled before the clerk in the county in which the property or some portionthereof is situated.  Such petition shall be proceeded with as in other casesof special proceedings.

(c)        The petitioner mustshow to the court a copy of his appointment as a guardian or trustee and bondduly authenticated, and must prove to the court that the bond is sufficient, inthe ability of the sureties as well as in amount, to secure all the estate ofthe ward wherever situated:  Provided, that in all cases where a bankinginstitution, resident and doing business in a foreign state, is a guardian ortrustee of any person and is not required to execute a bond to qualify asguardian or trustee under the laws of the state in which such guardian ortrustee qualified and was appointed, and no sureties are or were required bythe state in which said banking institution qualified as guardian or trustee,and this fact affirmatively appears to the court, then the personal estate ofthe ward may be removed from this State without the finding of a court withreference to any sureties, and the court in which the petition for the removalof the property of the ward is filed may order the transfer and removal of theproperty of the ward and the payment and delivery of the same to thenonresident guardian or trustee without regard to whether a nonresidentguardian or trustee has filed a bond with sureties; and the finding of thecourt that the said guardian or trustee is a banking institution and has dulyqualified and been appointed guardian or trustee under the laws of the statewhere the ward is resident shall be sufficient.  Any person may be made a partydefendant to the proceeding who may be made a party defendant in civil actions underthe provisions of Chapter 1A of the General Statutes. (1987,c. 550, s. 1.)