59-2203. Venue. - Kansas Statutes

59-2203

Chapter 59.--PROBATE CODE Article 22.--PROBATE PROCEDURE

      59-2203.   Venue.Proceedings for the probate of a will or for administration shall be hadin the county of the residence of the decedent at the time ofsuch decedent's death if the decedent owned an interest in realproperty in such county, or, if the decedent did not own an interest inreal property in the decedent's county ofresidence at the time of such decedent's death, in such county of theresidence of the decedent at the time of such decedent's death orin any county where the decedentowned an interest in real property; ifthe decedent was not a resident of this state, proceedings may be had inany county where such decedent left any estate to beadministered as providedin K.S.A. 59-805 and amendments thereto. Proceedings for theadministrationof apartnership estate by the surviving partner shall be had in the county ofthe residence of the deceased partner at the time. If the deceased partneris a nonresident of the state the proceedings may be had in any county inwhich any of the partnership property is situated. Such proceedings firstlegally commenced shall extend to all of the property of the decedent orproposed conservatee in this state.

      If the proceedings are instituted in more than one county, they shall bestayed except in the county where first commenced until final determinationof venue. If the proper venue is determined to be in another county, thedistrict court, after making and retaining a true copy of the entire file,shalltransmit the original to the proper county.

      History:   L. 1939, ch. 180, § 179;L. 1965, ch. 346, § 26;L. 1967, ch. 314, § 12;L. 1970, ch. 228, § 1;L. 1976, ch. 242, § 29;L. 1990, ch. 200, § 1;L. 1990, ch. 145, § 36;L. 2002, ch. 114, § 60; July 1.