§ 2923. Property may be ordered into hands of nonresident guardian; proceedings
(a) When a guardian and ward are nonresidents and the ward is entitled to property in this State, the guardian may petition the Probate Division of the Superior Court for removal of the property. The petition shall set forth that the removal of the property of the ward will not conflict with the terms and limitations of the right by which the ward owns the same nor be prejudicial to the ward's interests therein. The petition shall be accompanied by a complete transcript from the records of a court of competent jurisdiction of the state in which the guardian and ward reside, duly exemplified or authenticated, showing appointment as guardian of the ward and that, by bond or otherwise, satisfactory security has been given for the faithful execution of the trust.
(b) The transcript shall be filed in the court, and the guardian shall thereupon be entitled to receive letters or a certificate of guardianship of the estate of the ward from the court, which shall authorize the guardian to demand, sue for, and recover property and remove the same to the other state.
(c) The court may order a resident guardian, executor, or administrator, having any of the estate of the ward, to deliver the same to the nonresident guardian, provided that all debts in favor of residents or citizens of this State, known to exist against the estate, whether due or to become due, have first been paid or tendered. (Amended 1971, No. 179 (Adj. Sess.), § 11; 1985, No. 144 (Adj. Sess.), § 142; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
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