IN SB 71
enactedVarious probate matters.
Indiana · 2026 Regular Session (2nd Regular Session, 124th General Assembly) · upper
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Quick answers
Did IN SB 71 pass?
Yes. IN SB 71 has been enacted into law. Latest recorded action (2026-03-05): Public Law 105
What is IN SB 71 about?
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.
Who sponsors IN SB 71?
Chris Jeter, Eric Koch, Cyndi Carrasco are the primary sponsors of IN SB 71, joined by 1 cosponsor.
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.
- Introduced
- —
- Latest action
- 2026-03-05 — Public Law 105
- Bill type
- bill
- Last updated
- —
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
Sponsors
- Chris Jetersponsor
- Eric Kochauthor
- Cyndi Carrascoauthor
- Lonnie Randolphcoauthor
Committees
Not provided by source.
Action timeline
Newest first
2026-03-05
Public Law 105
became-law
2026-03-05
Signed by the Governor
executive-signature
2026-02-27
Signed by the Speaker
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 President of the Senate
passage
2026-02-27
CCR # 1 filed in the House
filing
2026-02-27
CCR # 1 filed in the Senate
filing
2026-02-27
Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 411: yeas 93, nays 2
2026-02-27
Signed by the President Pro Tempore
passage
2026-02-25
Motion to dissent filed
filing
2026-02-25
Senate advisors appointed: Taylor G, Koch
2026-02-25
Senate conferees appointed: Carrasco, Randolph Lonnie M
2026-02-25
House conferees appointed: Jeter, Burton
2026-02-25
House advisors appointed: Prescott, Davis, Garcia Wilburn
2026-02-25
Senate dissented from House amendments
2026-02-17
Returned to the Senate with amendments
receipt
2026-02-16
Third reading: passed; Roll Call 249: yeas 89, nays 0
passage,reading-3,reading-3
2026-02-12
Second reading: ordered engrossed
reading-2
2026-02-09
Committee report: amend do pass, adopted
committee-passage
2026-01-20
First reading: referred to Committee on Judiciary
reading-1,referral-committee
2026-01-13
Referred to the House
referral
2026-01-12
House sponsor: Representative Jeter
2026-01-12
Third reading: passed; Roll Call 17: yeas 48, nays 0
passage,reading-3,reading-3
2026-01-08
Amendment #1 (Carrasco) prevailed; voice vote
amendment-passage
2026-01-08
Senator Randolph added as coauthor
2026-01-08
Second reading: amended, ordered engrossed
reading-2
2025-12-10
Committee report: do pass, adopted
committee-passage
2025-12-08
Authored by Senator Carrasco
2025-12-08
Senator Koch added as second author
2025-12-08
First reading: referred to Committee on Judiciary
reading-1,referral-committee
Versions
Documents
- application/pdf
- application/pdf
- application/pdf
- application/pdf
- application/pdf
- application/pdf(no extracted text yet)
Votes
SB 71 - Carrasco - 3rd Reading
2026-01-12 · pass · 48-0
Member-level votes (49)
- Alexander: yes
- Charbonneau: yes
- Goode: yes
- Qaddoura: yes
- Alting: yes
- Clark: yes
- Holdman: yes
- Raatz: yes
- Baldwin: yes
- Crider: yes
- Hunley: yes
- Randolph: yes
- Bassler: yes
- Deery: yes
- Jackson, L: yes
- Rogers: yes
- Becker: yes
- Dernulc: yes
- Johnson: yes
- Schmitt: yes
- Bohacek: yes
- Donato: yes
- Koch: yes
- Spencer: yes
- Bray: yes
- Doriot: yes
- Leising: yes
- Taylor: yes
- Brown: yes
- Ford J.D.: yes
- Maxwell: yes
- Tomes: yes
- Buchanan: yes
- Freeman: yes
- Mishler: yes
- Walker G: yes
- Buck: yes
- Garten: yes
- Niemeyer: yes
- Walker K: yes
- Byrne: yes
- Gaskill: yes
- Niezgodski: yes
- Yoder: yes
- Carrasco: yes
- Glick: yes
- Pol: yes
- Young: yes
- Busch: excused
SB 71 - Jeter - 3rd Reading
2026-02-16 · pass · 89-0
Member-level votes (100)
- Abbott: yes
- Errington: yes
- Ledbetter: yes
- Porter: yes
- Andrade: yes
- Garcia Wilburn: yes
- Lehman: yes
- Prescott: yes
- Aylesworth: yes
- Genda: yes
- Lucas: yes
- Pressel: yes
- Baird: yes
- GiaQuinta: yes
- Manning: yes
- Pryor: yes
- Bartels: yes
- Gore: yes
- May: yes
- Shackleford: yes
- Bartlett: yes
- Goss-Reaves: yes
- Mayfield: yes
- Shonkwiler: yes
- Bascom: yes
- Greene: yes
- McGuire: yes
- Slager: yes
- Bauer: yes
- Haggard: yes
- McNamara: yes
- Smaltz: yes
- Behning: yes
- Hall: yes
- Meltzer: yes
- Smith, H: yes
- Borders: yes
- Hamilton: yes
- Miller, D: yes
- Smith, V: yes
- Burton: yes
- Harris: yes
- Miller, K: yes
- Soliday: yes
- Campbell: yes
- Hatcher: yes
- Moed: yes
- Steuerwald: yes
- Cash: yes
- Heaton: yes
- Morris: yes
- Summers: yes
- Clere: yes
- Ireland: yes
- Moseley: yes
- Sweet: yes
- Commons: yes
- Isa: yes
- Novak: yes
- Teshka: yes
- Criswell: yes
- Jackson, C: yes
- O'Brien: yes
- Thompson: yes
- Culp: yes
- Jeter: yes
- Olthoff: yes
- VanNatter: yes
- Dant Chesser: yes
- Jordan: yes
- Pack: yes
- Wesco: yes
- Davis: yes
- Judy: yes
- Patterson: yes
- Yocum: yes
- DeLaney: yes
- King: yes
- Payne: yes
- Zimmerman: yes
- DeVon: yes
- Klinker: yes
- Pfaff: yes
- Dvorak: yes
- Lauer: yes
- Pierce, K: yes
- Engleman: yes
- Lawson: yes
- Pierce, M: yes
- Heine: excused
- Lindauer: excused
- Lopez: excused
- Rowray: excused
- Johnson, B: excused
- Snow: excused
- Barrett: not voting
- Hostettler: not voting
- Karickhoff: not voting
- Mr. Speaker: not voting
- Carbaugh: not voting
SB 71 - Carrasco
2026-02-27 · pass · 49-0
Member-level votes (50)
- Alexander: yes
- Charbonneau: yes
- Hunley: yes
- Randolph: yes
- Alting: yes
- Clark: yes
- Jackson, L: yes
- Rogers: yes
- Baldwin: yes
- Crider: yes
- Johnson: yes
- Schmitt: yes
- Bassler: yes
- Deery: yes
- Koch: yes
- Spencer: yes
- Becker: yes
- Dernulc: yes
- Leising: yes
- Taylor: yes
- Bohacek: yes
- Donato: yes
- Maxwell: yes
- Tomes: yes
- Bray: yes
- Doriot: yes
- McKinley: yes
- Walker G: yes
- Brown: yes
- Freeman: yes
- Mishler: yes
- Walker K: yes
- Buchanan: yes
- Garten: yes
- Niemeyer: yes
- Yoder: yes
- Buck: yes
- Gaskill: yes
- Niezgodski: yes
- Young: yes
- Busch: yes
- Glick: yes
- Pol: yes
- Byrne: yes
- Goode: yes
- Qaddoura: yes
- Carrasco: yes
- Holdman: yes
- Raatz: yes
- Ford J.D.: excused
SB 71 - Jeter
2026-02-27 · pass · 93-2
Member-level votes (100)
- Abbott: yes
- Garcia Wilburn: yes
- Lehman: yes
- Porter: yes
- Andrade: yes
- Genda: yes
- Lindauer: yes
- Pressel: yes
- Aylesworth: yes
- GiaQuinta: yes
- Lopez: yes
- Pryor: yes
- Barrett: yes
- Gore: yes
- Lucas: yes
- Rowray: yes
- Bartels: yes
- Goss-Reaves: yes
- Manning: yes
- Shackleford: yes
- Bartlett: yes
- Greene: yes
- May: yes
- Shonkwiler: yes
- Bascom: yes
- Haggard: yes
- Mayfield: yes
- Slager: yes
- Bauer: yes
- Hall: yes
- McGuire: yes
- Smaltz: yes
- Behning: yes
- Hamilton: yes
- McNamara: yes
- Smith, H: yes
- Borders: yes
- Harris: yes
- Meltzer: yes
- Smith, V: yes
- Burton: yes
- Heaton: yes
- Miller, D: yes
- Snow: yes
- Campbell: yes
- Heine: yes
- Miller, K: yes
- Soliday: yes
- Carbaugh: yes
- Isa: yes
- Moed: yes
- Steuerwald: yes
- Cash: yes
- Jackson, C: yes
- Morris: yes
- Summers: yes
- Clere: yes
- Jeter: yes
- Moseley: yes
- Sweet: yes
- Commons: yes
- Johnson, B: yes
- Novak: yes
- Teshka: yes
- Criswell: yes
- Jordan: yes
- O'Brien: yes
- Thompson: yes
- Culp: yes
- Judy: yes
- Olthoff: yes
- VanNatter: yes
- Dant Chesser: yes
- Karickhoff: yes
- Pack: yes
- Wesco: yes
- DeLaney: yes
- King: yes
- Patterson: yes
- Yocum: yes
- DeVon: yes
- Klinker: yes
- Payne: yes
- Zimmerman: yes
- Dvorak: yes
- Lauer: yes
- Pfaff: yes
- Engleman: yes
- Lawson: yes
- Pierce, K: yes
- Errington: yes
- Ledbetter: yes
- Pierce, M: yes
- Ireland: no
- Prescott: no
- Baird: excused
- Davis: excused
- Hatcher: excused
- Hostettler: excused
- Mr. Speaker: not voting
Related bills
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