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.
Structure Indiana Code
Chapter 7. Probate and Grant of Administration
29-1-7-0.1. Application of Certain Amendments to Chapter
29-1-7-1. Venue; Transfer of Proceedings
29-1-7-2. One Proceeding in Rem
29-1-7-3. Produce Will in Court; Contempt; Damages
29-1-7-6. Notice of Hearing; Request; Provision of Relevant Materials by Personal Representative
29-1-7-7. Notice of Administration
29-1-7-8. Death in Doubt; Search for Alleged Decedent
29-1-7-9. Admission to Probate; Proof of Will
29-1-7-10. Absence of Competent Witnesses; Handwriting; Proof
29-1-7-12. Nuncupative Wills; Proof
29-1-7-13. Admission to Probate; Petitions; Self-Proved Wills; Signature Requirement Presumptions
29-1-7-14. Certificate of Probate; Evidence
29-1-7-15.2. Sale of Real Property; Permitted Use of Proceeds
29-1-7-16. Objections to Probate
29-1-7-17. Contest of Wills; Requisites; Grounds
29-1-7-17.5. Contest of Two or More Wills
29-1-7-18. Contest of Wills; Notice and Service Requirements
29-1-7-19. Contest of Wills; Bond of Plaintiff
29-1-7-20. Contest of Wills; Burden of Proof
29-1-7-21. Contest of Wills; Burden of Proof
29-1-7-22. Revocation of Probate
29-1-7-23. Real and Personal Property; Devolution; Prima Facie Evidence
29-1-7-24. Probate of Will; Necessity to Prove Title to Property
29-1-7-25. Foreign Wills; Receipt and Recording Authorized
29-1-7-26. Foreign Wills; Certification
29-1-7-27. Foreign Wills; Filing and Recording
29-1-7-28. Executed in Indiana; Allowed in Foreign State or Country