republic-os/legislation/us/states/in/2026/sb-71.md

---
type: "Bill"
title: "Various probate matters."
description: "Establishes the guardianship code revision task force (task force) to study a recodification of the current guardianship code with any necessary changes. Allows a person indebted to a minor or having possession of property belonging to a minor to pay the debt or deliver the property without a court order in an amount up to $25,000 and to pay the debt or deliver the property to a custodian under the Indiana Uniform Transfers to Minors Act. Specifies that a court may do the following when issuing a protective order: (1) authorize delivery of property to a custodian under the Indiana Uniform Transfers to Minors Act; and (2) order a trustee, custodian, or other person to file periodic reports concerning certain property transactions of a minor. Allows a person having the care and custody of a minor with whom the minor resides to petition a court to compromise a claim on behalf of the minor. Requires a court to hold a hearing on certain petitions concerning a proposal to compromise a claim on behalf of a minor and allows a court to appoint a guardian ad litem, an attorney, or other representative to represent the best interest of the minor in the proceeding. Provides that, under the Indiana Uniform Transfers to Minors Act, a trustee or administrator of certain plans may transfer funds due under a plan to the custodian of a minor who is designated as a beneficiary. Allows a custodian to transfer part or all of the minor's custodial property out of the custodial form under the Indiana Uniform Transfers to Minors Act to certain types of trusts or accounts without a court order. Provides that when a power of appointment in a trust (earlier power) is exercised to create another power of appointment (subsequent power) or another nonvested property interest, then the subsequent power or nonvested property interest created through the exercise of the earlier power is considered to have been created at the time of the creation of the earlier power, unless: (1) the instrument creating the earlier power; or (2) the instrument exercising the earlier power; explicitly provides that the subsequent power or nonvested property interest is considered to have been created at the time of the irrevocable exercise of the earlier power. Specifies that language conferring general authority in a power of attorney with respect to personal or family maintenance authorizes an attorney in fact to take certain actions on behalf of the principal for the benefit of the principal and the principal's spouse, children, and other persons customarily supported by the principal. Removes the authorization to employ or contract with servants or companions from the description of health care powers. Provides that the application is only to a lifetime or inter vivos transfer of property to a trust or similar arrangement under which the spouse of the transferor is granted an earlier power that can be exercised during the spouse's lifetime or upon the spouse's death to create a subsequent limited power of appointment or another nonvested property interest. Provides that the exercise of the earlier power or another nonvested property interest is considered to have been created at the time of the creation of the earlier power by the transferor. Specifies that certain written agreements executed between an owner of residential real property and a family member, attorney in fact, health care representative, or guardian that provide for an ownership interest in the residential real property are not prohibited residential real estate service agreements."
jurisdiction: "us/states/in"
legislature: "Indiana General Assembly"
session: "2026"
identifier: "SB 71"
citation: "Indiana SB 71 (2026)"
classification: ["bill"]
subjects: ["CHILDREN AND MINORS; Generally", "CIVIL LAW AND PROCEDURE; Contracts and Legal Documents", "CIVIL LAW AND PROCEDURE; Generally", "COURTS; Guardianships and Conservatorships", "COURTS; Probate Court and Proceedings", "GENERAL ASSEMBLY; Indiana Code", "GENERAL ASSEMBLY; Legislative Council", "PROPERTY; Generally", "PROPERTY; Real Estate", "TASK FORCES AND COMMITTEES; New"]
status: "enacted"
primary_sponsors: ["Chris Jeter", "Cyndi Carrasco", "Eric Koch"]
version_count: 4
action_count: 30
vote_count: 4
first_action: "2025-12-08"
last_action: "2026-03-05"
source: "openstates"
source_identifier: "ocd-bill/2682c4eb-13cd-4e76-9eb8-3d26461a22c4"
source_url: "https://api.iga.in.gov/2026/bills/sb0071"
source_hash: "d2795567b7d1c07f725d0716873d89a10be9b15cf0b93e02a6eedd792a557c57"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-in"]
---

# Indiana SB 71 (2026) — Various probate matters.

Establishes the guardianship code revision task force (task force) to study a recodification of the current guardianship code with any necessary changes. Allows a person indebted to a minor or having possession of property belonging to a minor to pay the debt or deliver the property without a court order in an amount up to $25,000 and to pay the debt or deliver the property to a custodian under the Indiana Uniform Transfers to Minors Act. Specifies that a court may do the following when issuing a protective order: (1) authorize delivery of property to a custodian under the Indiana Uniform Transfers to Minors Act; and (2) order a trustee, custodian, or other person to file periodic reports concerning certain property transactions of a minor. Allows a person having the care and custody of a minor with whom the minor resides to petition a court to compromise a claim on behalf of the minor. Requires a court to hold a hearing on certain petitions concerning a proposal to compromise a claim on behalf of a minor and allows a court to appoint a guardian ad litem, an attorney, or other representative to represent the best interest of the minor in the proceeding. Provides that, under the Indiana Uniform Transfers to Minors Act, a trustee or administrator of certain plans may transfer funds due under a plan to the custodian of a minor who is designated as a beneficiary. Allows a custodian to transfer part or all of the minor's custodial property out of the custodial form under the Indiana Uniform Transfers to Minors Act to certain types of trusts or accounts without a court order. Provides that when a power of appointment in a trust (earlier power) is exercised to create another power of appointment (subsequent power) or another nonvested property interest, then the subsequent power or nonvested property interest created through the exercise of the earlier power is considered to have been created at the time of the creation of the earlier power, unless: (1) the instrument creating the earlier power; or (2) the instrument exercising the earlier power; explicitly provides that the subsequent power or nonvested property interest is considered to have been created at the time of the irrevocable exercise of the earlier power. Specifies that language conferring general authority in a power of attorney with respect to personal or family maintenance authorizes an attorney in fact to take certain actions on behalf of the principal for the benefit of the principal and the principal's spouse, children, and other persons customarily supported by the principal. Removes the authorization to employ or contract with servants or companions from the description of health care powers. Provides that the application is only to a lifetime or inter vivos transfer of property to a trust or similar arrangement under which the spouse of the transferor is granted an earlier power that can be exercised during the spouse's lifetime or upon the spouse's death to create a subsequent limited power of appointment or another nonvested property interest. Provides that the exercise of the earlier power or another nonvested property interest is considered to have been created at the time of the creation of the earlier power by the transferor. Specifies that certain written agreements executed between an owner of residential real property and a family member, attorney in fact, health care representative, or guardian that provide for an ownership interest in the residential real property are not prohibited residential real estate service agreements.

## Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. **Engrossed Senate Bill (H)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/124/2026/senate/bills/SB0071/SB0071.03.ENGS.pdf)
2. **Enrolled Senate Bill (S)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/124/2026/senate/bills/SB0071/SB0071.05.ENRH.pdf)
3. **Introduced Senate Bill (S)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/124/2026/senate/bills/SB0071/SB0071.01.INTR.pdf)
4. **Senate Bill (S)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/124/2026/senate/bills/SB0071/SB0071.04.COMH.pdf)

## Votes

- SB 71 - Jeter - 3rd Reading — **89–0** (pass) · lower
- SB 71 - Jeter — **93–2** (pass) · lower
- SB 71 - Carrasco — **49–0** (pass) · upper
- SB 71 - Carrasco - 3rd Reading — **48–0** (pass) · upper

## Sponsors

- Chris Jeter — primary (person)
- Cyndi Carrasco — primary (person)
- Eric Koch — primary (person)
- Lonnie Randolph — coauthor (person)

## Timeline

The legislative action history — every referral, reading, and vote.

- **2025-12-08** First reading: referred to Committee on Judiciary `reading-1, referral-committee`
- **2025-12-08** Senator Koch added as second author
- **2025-12-08** Authored by Senator Carrasco
- **2025-12-10** Committee report: do pass, adopted `committee-passage`
- **2026-01-08** Second reading: amended, ordered engrossed `reading-2`
- **2026-01-08** Senator Randolph added as coauthor
- **2026-01-08** Amendment #1 (Carrasco) prevailed; voice vote `amendment-passage`
- **2026-01-12** Third reading: passed; Roll Call 17: yeas 48, nays 0 `passage, reading-3, reading-3`
- **2026-01-12** House sponsor: Representative Jeter
- **2026-01-13** Referred to the House `referral`
- **2026-01-20** First reading: referred to Committee on Judiciary `reading-1, referral-committee`
- **2026-02-09** Committee report: amend do pass, adopted `committee-passage`
- **2026-02-12** Second reading: ordered engrossed `reading-2`
- **2026-02-16** Third reading: passed; Roll Call 249: yeas 89, nays 0 `passage, reading-3, reading-3`
- **2026-02-17** Returned to the Senate with amendments `receipt`
- **2026-02-25** Senate dissented from House amendments
- **2026-02-25** House advisors appointed: Prescott, Davis, Garcia Wilburn
- **2026-02-25** House conferees appointed: Jeter, Burton
- **2026-02-25** Senate conferees appointed: Carrasco, Randolph Lonnie M
- **2026-02-25** Senate advisors appointed: Taylor G, Koch
- **2026-02-25** Motion to dissent filed `filing`
- **2026-03-05** Signed by the Governor `executive-signature`
- **2026-03-05** Public Law 105 `became-law`
- **2026-02-27** Signed by the President Pro Tempore `passage`
- **2026-02-27** Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 411: yeas 93, nays 2
- **2026-02-27** CCR # 1 filed in the Senate `filing`
- **2026-02-27** CCR # 1 filed in the House `filing`
- **2026-02-27** Signed by the President of the Senate `passage`
- **2026-02-27** Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 315: yeas 49, nays 0
- **2026-02-27** Signed by the Speaker `passage`

## Source

OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/2682c4eb-13cd-4e76-9eb8-3d26461a22c4`. Confidence: reported (aggregated from official Indiana legislature records).