Venue; transfer of proceedings
Sec. 1. (a) The venue for the probate of a will and for the
administration of an estate shall be:
(1) In the county in this state where the decedent had his domicile
at the time of his death.
(2) When not domiciled in this state in any county in the state,
where he left any property at the time of his decease; or into which
county any property belonging to his estate may have come after his
decease.
(b) If proceedings are commenced in more than one (1) county,
they shall be stayed except in the county where first commenced
until final determination of the venue by the court in the county
where first commenced, and thereupon all proceedings in any county,
other than the county where jurisdiction has been finally determined
to exist, shall be dismissed. If the proper venue is finally determined
to be in another county, the court, after making and retaining a true
copy of the entire file, shall transmit the original to the proper
county. The proceeding shall be deemed commenced by the filing of
a petition; and the proceeding first legally commenced shall extend
to all of the property of the estate in this state.
(c) If it appears to the court at any time before the decree of final
distribution in any proceedings that the proceeding was commenced
in the wrong county or that it would be for the best interests of the
estate, the court, in its discretion, may order the proceeding with all
papers, files and a certified copy of all orders therein transferred to
another court having probate jurisdiction, which other court shall
thereupon proceed to complete the administration proceedings as if
originally commenced therein.
(Formerly: Acts 1953, c.112, s.701.)
Last modified: May 27, 2006