§ 32-17-5-5 — Jurisdiction; guardian ad litem

(a) The circuit court, superior court, or probate
court:
(1) of the county in which a will, deed, or instrument:
(A) is probated or recorded; and
(B) under or from which a party claims or derives the party's
interest in the real or personal property that is the subject of the
will, deed, or instrument; or
(2) that has jurisdiction of a trust from which the property is
derived;
has jurisdiction to hear and determine the rights of the parties under
this chapter. Proceedings under this chapter are commenced by
complaint as in other civil actions.
(b) For an infant defendant who is a member of the class for whom
property that is the subject of a proceeding under this chapter is held:
(1) in reversion;
(2) in remainder; or
(3) upon condition;
the court shall appoint a special guardian ad litem who is not related to
any of the parties interested in the property. The living members stand
for and represent the whole class, and the parties stand for and
represent the full title and whole interest in the property.
[Pre-2002 Recodification Citation: 32-4-8-2.]

Legislative History

As added by P.L.2-2002, SEC.2. Amended by P.L.84-2016, SEC.136.