Printable Format59-2203. Venue. Proceedings for the probate of a will or for administration shall be had in the county of the residence of the decedent at the time of such decedent's death if the decedent owned an interest in real property in such county, or, if the decedent did not own an interest in real property in the decedent's county of residence at the time of such decedent's death, in such county of the residence of the decedent at the time of such decedent's death or in any county where the decedent owned an interest in real property; if the decedent was not a resident of this state, proceedings may be had in any county where such decedent left any estate to be administered as provided in K.S.A. 59-805, and amendments thereto. Proceedings for the administration of a partnership estate by the surviving partner shall be had in the county of the residence of the deceased partner at the time. If the deceased partner is a nonresident of the state the proceedings may be had in any county in which any of the partnership property is situated. Such proceedings first legally commenced shall extend to all of the property of the decedent or proposed conservatee in this state.
If the proceedings are instituted in more than one county, they shall be stayed except in the county where first commenced until final determination of venue. If the proper venue is determined to be in another county, the district court shall transmit the entire file 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; L. 2010, ch. 70, § 8; July 1.
Source or prior law:
22-208, 22-301, 38-236, 39-201, 62-2002.
Law Review and Bar Journal References:
Ancillary administration of oil and gas leases, 5 K.L.R. 452, 457, 458 (1957).
1963-65 survey of law of administration of estates, Richard C. Harris, 14 K.L.R. 139, 145 (1965).
1965-69 survey of estate planning and future interests, James K. Logan, 17 K.L.R. 455, 459 (1969).
"Probate of Wills and Proper Notice," Imelda M. Koett, 13 W.L.J. 244 (1974).
"Independent Adoption: Regulating the Middleman," Natalie Haag Wallisch, 24 W.L.J. 327, 354, 358 (1985).
"You are invited to comment on the proposed Guardianship and Conservatorship Act," Christy Molzen, 70 J.K.B.A. No. 6, 33 (2001).
"Overview of the New Guardianship and Conservatorship Act," Christy R. Molzen, 71 J.K.B.A. No. 7, 25 (2002).
CASE ANNOTATIONS
1. Section not affected by Wyandotte County public administrator statute; construed. In re Estate of Summerfield, 158 Kan. 380, 382, 383, 388, 147 P.2d 759.
2. Nonresidents; when administration granted; indemnity insurance policy as estate; situs. In re Estate of Rogers, 164 Kan. 492, 494, 500, 190 P.2d 857.
3. Appointment of guardian; probate court's jurisdiction is exclusive after sufficient petition filed. Vilm v. Hudson, 167 Kan. 372, 374, 205 P.2d 1021.
4. Creditor may compel administration even if resident's estate has inconsequential assets. In re Estate of Brasfield, 168 Kan. 376, 381, 382, 214 P.2d 305.
5. Adoption proceedings; effect of filing revocation of consent on probate court's jurisdiction considered. In re Thompson, 178 Kan. 127, 132, 283 P.2d 127.
6. Administration; findings upon which administrator appointed; no appeal; conclusiveness. In re Estate of Johnson, 180 Kan. 740, 745, 308 P.2d 100.
7. Construed with K.S.A. 59-620; where will deposited in court, that court has exclusive jurisdiction to determine venue for its probate. In re Estate of Morgans, 188 Kan. 50, 51, 53, 54, 55, 56, 57, 58, 360 P.2d 1069.
8. Liability or indemnity insurance policy constitutes such an estate of a nonresident insured decedent as to justify administration in state. In re Estate of Preston, 193 Kan. 145, 147, 148, 150, 392 P.2d 922.
9. In determining venue the terms domicile and residence are substantial equivalents. Estate of Schoof v. Schoof, 193 Kan. 611, 612, 396 P.2d 329.
10. Cited; failure to list all decedent's heirs in petition will not deprive court of jurisdiction to act. In re Estate of Barnes, 212 Kan. 502, 506, 512 P.2d 387.
11. Referred to in determining that order refusing to appoint executor is matter incidental to admission to probate; separate appeal not required. In re Estate of Teichgraeber, 217 Kan. 373, 389, 537 P.2d 174.
12. Kansas has jurisdiction to appoint guardian for person within state even though foreign jurisdiction previously exercised jurisdiction; question of comity. In re Miller, 5 Kan. App. 2d 246, 252, 616 P.2d 287.
13. Action for breach of executor's duties must be brought in court where probate proceeding is pending. Quinlan v. Leech, 5 Kan. App. 2d 706, 709, 623 P.2d 1365.
14. No objection raised about delay in filing proceedings or in personam jurisdiction of court. In re Adoption of Gates, 6 Kan. App. 2d 945, 636 P.2d 818 (1981).
15. Lower court lacked venue and jurisdiction; proceedings dismissed. In re Stremel, 233 Kan. 136, 138, 141, 660 P.2d 952 (1983).
16. Distinctions in venue between guardianship proceedings and conservatorship proceedings examined. Venue in combined proceedings noted. In re Guardianship of K.M.W., 13 Kan. App. 2d 640, 643, 777 P.2d 1274 (1989).