§ 35A-1302. Procedure when real estate lies in county in which guardian does not reside. - North Carolina Statutes

§35A‑1302.  Procedure when real estate lies in county in which guardiandoes not reside.

In all cases where a guardianis appointed under the authority of Chapter 35A and such guardian applies tothe court for an order to sell, mortgage, or exchange all or part of his ward'sreal estate, and such real estate is situated in a county other than the countyin which the guardian is appointed and qualified, the guardian shall firstapply to the clerk of the county in which he was appointed and qualified for anorder showing that the sale, mortgage, or exchange of his ward's real estate isnecessary or that the ward's interest would be materially promoted thereby. The clerk to whom such application is made shall hear and pass upon the sameand enter his findings and order as to whether said sale, mortgage, or exchangeis necessary or would materially promote the ward's interest, and said orderand findings shall be certified to the clerk of the county in which the ward'sland, or some part of it, is located and before whom any petition orapplication is filed for the sale, mortgage, or exchange of said land.  Suchfindings and orders so certified shall be considered by the court along withall other evidence and circumstances in passing upon the petition in which anorder is sought for the sale, mortgage, or exchange of said land.  In the caseof a ward who is a minor, before such findings and orders shall becomeeffective the same shall be approved by the superior court judge holding thecourts of the district or by the resident judge. (1987, c. 550, s. 1.)