59-2203.
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.
Notes of Decisions
Cited in
12
cases (
2 in the last 5 years), 1950–2025 · leading case:
Quinlan v. Leech, 623 P.2d 1365 (Kan. Ct. App. 1981).
Quinlan v. Leech, 623 P.2d 1365 (Kan. Ct. App. 1981).
· cites it 2× “59-102, with venue determined under K.S.A. 59-2203 for probate or administration actions and under K.”
In Re Est. of Brasfield, 214 P.2d 305 (Kan. 1950).
· cites it 2× “It is section 59-2203 which reads in part as follows: “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 his death; if the decedent was not a resident of this state, proceedings may be had in…”
In Re Stremel, 660 P.2d 952 (Kan. 1983).
· cites it 2× “K.S.A. 59-2203 is the general venue statute for the filing of proceedings under the probate code.”
In Re the Est. of Barnes, 512 P.2d 387 (Kan. 1973).
“Under the provisions of K.S.A. 1972 Supp. 59-2203 the primary jurisdictional facts empowering a probate court to order probate of a decedent's will are either that the decedent was a resident of the particular county at the time of his death or that he left an estate within the…”
In re Est. of Raney, 525 P.3d 1 (Kan. Ct. App. 2023).
· cites it 23× “K.S.A. 59-2203 governs venue in probate cases; it does not confer or otherwise affect district courts' subject-matter jurisdiction over probate cases.”
In Re the Est. of Harrison, 967 P.2d 1091 (Kan. Ct. App. 1998).
“See K.S.A. 59-2203; K.S.A. 59-2219. The petition alleged Roger died intestate and was a resident of Greenwood County; it set forth the names, ages, and addresses of his heirs; it alleged he owned property and left an estate to be administered in Coffey County; and it pled the…”
Mason v. Dome, 660 P.2d 952 (Kan. 1983).
· cites it 2× “K.S.A. 59-2203 is the general venue statute for the filing of proceedings under the probate code.”
In re Est. of Mueller (Kan. Ct. App. 2025).
· cites it 2× “Lorine died domiciled in Kansas and her will devises properties (movables) located in Kansas.”
In re the Adoption of Gates, 636 P.2d 818 (Kan. Ct. App. 1981).
“See K.S.A. 59-2203. Likewise, there is no contention that the consents were not voluntary or did not conform to the requirements of Kansas law, either as it existed in 1968 when the consents were signed or in 1979 when the petition was filed.”
In re the Guardianship & Conservatorship of K.M.W., 777 P.2d 1274 (Kan. Ct. App. 1989).
“We first note that, pursuant to K.S.A. 59-2203, the specific venue statute of application in this case, venue for guardianship proceedings may be had in the county of the residence of the proposed ward, or in the county where he may be found.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.