§ 311a - Venue generally
§ 311a. Venue generally
For proceedings authorized to probate courts, venue shall lie as provided in Title 14A for the administration of trusts, and otherwise in a district of the court as follows:
(1) Decedent's estate for a resident of this state: in the district where the decedent resided at the time of death.
(2) Decedent's estate for a nonresident of this state: in any district where estate of the decedent is situated.
(3) Appointment of a conservator for the estate of an absent person:
(A) in the district of the absent person's last legal domicile; or
(B) if a nonresident of this state, in any district where estate of the absent person is situated.
(4) Trust estate created by will: in the district where the decedent's will is allowed.
(5) Appointment of a trustee for the estate of an absent person:
(A) in the district of the absent person's last legal domicile; or
(B) if the absent person has no domicile in this state, in any district where property of the absent person is situated; or
(C) in any district of residence of a fiduciary or representative of an estate having possession and control of property the absent person received by virtue of a legacy or as an heir of an estate.
(6) Charitable, cemetery and philanthropic trusts:
(A) in the district where the trustee resides; or
(B) in the district where the creation of the trust is recorded.
(7) Appointment of a guardian of a person resident in this state:
(A) in the district where the ward resides at the time of appointment; except
(B) when the guardian is appointed for a minor who is interested in a decedent's estate as an heir, devisee or legatee or representative of either, in the district where the decedent's estate is being probated.
(8) Appointment of a guardian for a nonresident minor: in the district where the minor owns or has an interest in real estate.
(9) Termination or modification of a guardianship or change of a guardian:
(A) in the district of the appointing court; or
(B) in the district where the ward resides.
(10) [Deleted.]
(11) Estate of a nonresident charitable or philanthropic testamentary trust:
(A) in any district where the legacy or gift is to be paid or distributed; or
(B) in any district where the beneficiary or beneficiaries reside or are located.
(12) Appointment of a guardian as to the estate of a nonresident subject to guardianship in this state or under guardianship in another state: in any district where estate of the nonresident ward or prospective ward is situated.
(13) Change of residential placement for a ward under total or limited guardianship:
(A) in the district of the appointing court; or
(B) in the district where the ward resides.
(14) Petition to determine title to property in the name of a person deceased seven or more years without probate of a decedent estate: in the district where the property is situated.
(15) Uniform gifts to minors:
(A) petition to expend custodial property for a minor's support, education or maintenance: in the district where the minor resides;
(B) petition for permission to resign or for designation of a successor custodian: in the district where the minor resides.
(16) Relinquishment for adoption:
(A) in the district where a written relinquishment is executed; or
(B) in the district where a licensed child placing agency to which written relinquishment is made has its principal office.
(17) Adoption:
(A) if the adopting person or persons are residents of this state, in the district where they reside; or
(B) if the adopting person or persons are nonresidents, in a court of competent jurisdiction where they reside; or
(C) if the prospective adoptee is a minor who has been relinquished or committed to the department of social and rehabilitation services or a licensed child placing agency, in the district where the department or agency is located or has its principal office.
(18) Change of name: in the district where the person resides.
(19) Issuance of new or amended birth certificate: in the district where the birth occurred.
(20) Correction or amendment of a civil marriage certificate: in the district where the original certificate is filed.
(21) Correction or amendment of a death certificate: in the district where the original certificate is filed.
(22) Emergency waiver of premarital medical certificate: in the district where application is made for the civil marriage license.
(23) Proceedings relating to cemetery lots: in the district where the cemetery lot is located.
(24) Trusts relating to community mausoleums or columbariums: in the district where the community mausoleum or columbarium is located.
(25) Petition for license to convey homestead interest of an insane spouse: in the district where the homestead is situated.
(26) Declaratory judgments (unless otherwise provided in Title 14A for proceedings relating to the administration of trusts):
(A) if any related proceeding is then pending in any probate court, in that district;
(B) if no proceeding is pending:
(i) in the district where the petitioner resides; or
(ii) if a decedent's estate, a guardian or ward, or trust governed by Title 14 is the subject of the proceeding, in any district where venue lies for a proceeding thereon.
(27) Issuance of certificates of public good authorizing the civil marriage of persons under 16 years of age: in the district or county where either applicant resides, if either is a resident of the state; otherwise in the district or county in which the civil marriage is sought to be consummated.
(28) Appointment of a trustee for a person confined under a sentence of imprisonment: in the district or county in which the person resided at the time of sentence, or in the district or county in which the sentence was imposed.
(29) Proceedings concerning chapter 231 of Title 18: in the district where the principal resides or in the district where the principal is a patient admitted to a health care facility.
(30) Proceedings under subchapter 3 of chapter 107 of Title 18, in the district where the decedent resided at the time of death or where the remains are currently located. (Added 1985, No. 144 (Adj. Sess.), § 3; amended 2005, No. 55, § 4, eff. Sept. 1, 2005; 2007, No. 56, § 3; 2009, No. 3, § 12a, eff. Sept. 1, 2009; No. 20, § 4.)