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 Kan. Stat. Ann. § 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.

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Terms Used In Kansas Statutes 59-2203

  • Decedent: A deceased person.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Probate: Proving a will
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • Proposed conservatee: means a person for whom a petition for the appointment of a conservator pursuant to Kan. See Kansas Statutes 77-201
  • real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
  • Venue: The geographical location in which a case is tried.