Section 5 - Venue of probate actsThe district court in and for the county of proper venue has exclusive jurisdiction to prove a will or to grant letters testamentary or of administration. Proper venue for hearing in such actions shall be determined as follows:
1. If the decedent died as a resident of this state, in the county of which the decedent was a resident at the time of his or her death, regardless of where the decedent died;2. If the decedent died while not a resident of this state:a. first, in the county of this state in which the decedent died, leaving an estate therein,b. second, in any county of this state in which any part of the estate of the deceased may be, where the decedent (1) died out of this state, or(2) died within this state but did not leave an estate in the county in which the decedent died, andc. third, in the county in which the decedent died, leaving no estate in this state; or3. In all cases of administration of estates of deceased persons in this state where final decrees have been entered prior to the effective date of this act, and for which the final decrees are or may be defective or invalid for lack of jurisdiction because the administration was in a county other than the county of proper venue as prescribed by this section, such final decrees shall be deemed valid; provided, however, the provisions of this paragraph: a. shall not apply to any case where an action is instituted and maintained to modify or vacate the final decree within one (1) year of the effective date of this act, and b. shall not bar the claim of a person claiming an interest in a decedent's estate if the person did not receive notice of the probate or estate administration, actual or constructive, as required by this title.Amended by Laws 2022 , c. 160, s. 1, eff. 11/1/2022.R.L. 1910 § 6193; Amended by Laws 1982, SB 486, c. 176, § 1, emerg. eff. 4/16/1982.