Circuit Court Probate Division Rules Table of Contents
Venue of any Probate administration or other proceeding may
be changed from the Probate Court of one county, hereafter called
"transferring Court," to the Probate Court of any other county,
hereafter called "receiving Court." Upon Petition or Motion to both
Courts and sufficient proof of inconvenience, change of residence of a principal
Party to the proceeding, or other good cause shown, in the discretion of the
transferring Court, venue may be changed subject to acceptance by the receiving
Court.
Once the transferring Court has granted and the receiving
Court has accepted the change of venue, the transferring Court shall forward the
original file of the Probate records to the receiving Court and retain a copy,
unless, as a part of the order of transfer or acceptance, only a specified part
of the original file is transferred or ordered reproduced and authenticated.
Upon the change of venue, the transferring Court shall give notice to all
interested Parties of the change of venue and notice that all future Pleadings
shall be filed with the receiving Court.
Whenever transfer is made of the administration of a
decedent's estate, a guardianship, a conservatorship, or other proceeding where
a bond is pending in the transferring Court, the bond shall remain in effect
unless or until specifically discharged by the receiving Court. In those cases
where a new bond is required by the receiving Court, the transferring Court may
discharge the original bond.
To effect a change of venue, the following must occur:
1. A Motion shall be filed in the
transferring Court.
2. The Motion must be granted by the
transferring Court.
3. A Petition to accept the transfer
must be filed in the receiving Court.
4. A Petition to accept the transfer
must be granted by the receiving Court.
5. The Petitioner shall notify the
bonding company of the proposed transfer.
6. The Petitioner shall file with
both Courts the written assent from the bonding company to the transfer, or file
a new bond with the receiving Court.
Jurisdiction of a Probate matter may be transferred out of
state by following the procedure outlined above, except that the transferring
Court shall forward certified copies of the file to the receiving Court and
shall retain the original file.