§ 29-1-7-1 — Venue; transfer of proceedings

Indiana § 29-1-7-1

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 7: Probate and Grant of Administration

Text

(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.