In the Matter of the Estate of Fulks

Summary

The court held that probate venue is prioritized under the governing venue statute, with the first and controlling venue being the county where the decedent resided at death. Because the record showed that the decedent resided and died in Osage County and that his property was located there, Nowata County was not a proper venue, despite having issued letters of administration first. The court reversed and remanded with instructions to transfer the matter to Osage County and dismiss the Nowata County proceedings.