The application must be made upon ten (10) days' notice to the resident personal representative or guardian, if there be such, and upon such application the nonresident guardian must produce and file a certificate, under the hand of the clerk, judge, surrogate or other authorized officer, and the seal of the court from which his appointment was derived, showing:

1. A transcript of the record of his appointment.

2. That he has entered upon the discharge of his duties.

3. That he is entitled by the laws of the state, territory or country of his appointment to the possession of the estate of the ward; or must produce and file a certificate under the hand and seal of the clerk, judge, surrogate or other authorized officer of the court having jurisdiction in the country of his residence, of the estates of persons under guardianship, or of the highest court in such state, territory or country, that by the laws of such country the applicant is entitled to the custody of the estate of his ward without the appointment of any court.

Upon such application, unless good cause to the contrary be shown, the judge of the district court must make an order granting to such guardian leave to take and remove the property of his ward to the state, territory or place of his residence, which is authority to him to sue for and receive the same in his own name, for the use and benefit of his ward.

R.L. 1910, § 6575. Renumbered by Title 58, § 865 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 65, operative July 1, 1990.