# Indiana SB 71: Various probate matters. Indiana SB 71, Various probate matters., is a Second Regular Session 124th General Assembly (2026) Senate bill sponsored by Cyndi Carrasco (Republican); status signed, last action 2026-03-05 (Public Law 105); PRIA reads it as touching household money (as of 2026-11-01). - Canonical: https://policyrisk.com/state-bill/IN-SB71-2026 - As of: 2026-11-01 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Indiana SB 71 - State: Indiana - Session: Second Regular Session 124th General Assembly (2026) - Title: Various probate matters. - Status: signed - Chamber: Senate - Introduced: 2025-12-08 - Last action: 2026-03-05, Public Law 105 - Sponsor: Cyndi Carrasco (Republican) - Cosponsors: 3 - Subjects: judiciary, the house - Touches household money: yes - Roll calls: 4 (279 yes, 2 no in all) - Economic provisions PRIA read: 8 ## Summary 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. ## Bill overview: provisions PRIA read - Families Can Transfer More Without Guardianship: benefit, medium. Beginning July 1, 2026, the limit for transferring a minor’s money or property without appointing a guardian rises from $10,000 to $25,000. The recipient must be a qualifying custodian or someone who both cares for and lives with the minor. The payer must not know of an appointed guardian or pendin… - Agents Can Manage More Family Needs: benefit, low. Beginning July 1, 2026, an agent granted general personal or family maintenance authority can support the principal’s customary living standard. This includes the principal’s spouse, children, and others the principal usually supports. Authorized tasks include housing, utilities, education, medical… - Courts Get More Family Property Options: benefit, low. Beginning July 1, 2026, courts can place a minor’s or incapacitated person’s property with a custodian without appointing a guardian. The court must find legal grounds for a protective order. When no guardian for the minor and their property is appointed, a parent or live-in caregiver with custody… - More Savings Options For Children’s Money: benefit, low. Beginning July 1, 2026, plan trustees or administrators can transfer benefits owed to a minor designated beneficiary into custodial arrangements. This covers retirement, life insurance, and employee profit-sharing or stock-sharing plans, without changing benefit amounts. Custodians can move some or… - Guardianship Review Team Gets Expense Allowances: benefit, low. Beginning July 1, 2026, an 11-member task force studies changes to Indiana’s guardianship code, with Legislative Services Agency staff support. Appointments are due July 30, 2026, and leadership must be named by July 31, 2026. An optional status report is due November 1, 2026; proposed legislation… - Health Agents Face Narrower Hiring Authority: cost, low. Beginning July 1, 2026, general health care authority under a power of attorney no longer lists hiring servants or companions. The listed hiring authority covers health care providers caring for the person who granted the power. This change concerns that health care provision, not every possible so… - New Timing Rules For Trust Beneficiaries: mixed, low. Beginning July 1, 2026, later powers to choose trust beneficiaries and interests not yet fixed generally date to the earlier power’s creation. Trust documents can instead use the date when the earlier power is irrevocably exercised; a parallel rule covers legacy trusts. For lifetime transfers givin… - Homeowners’ Family Upkeep Agreements Are Exempt: mixed, low. Written home-upkeep agreements with listed family members or representatives are exempt from the residential real estate service agreement chapter. Representatives include an agent under a power of attorney, a health care representative, or a guardian. The agreement must provide for payment or prov… ## Sponsors and cosponsors - Sponsor: Cyndi Carrasco (Republican), Senate - Cosponsor: Chris Jeter (Republican), House - Cosponsor: Eric Koch (Republican), Senate - Cosponsor: Lonnie Randolph (Democratic), Senate ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2026-02-27 | House | Rules Suspended. Conference Committee Report 1: adopted by the House | pass | 93 | 2 | | | 2026-02-27 | Senate | Rules Suspended. Conference Committee Report 1: adopted by the Senate | pass | 49 | 0 | | | 2026-02-16 | House | Third reading: passed | pass | 89 | 0 | | | 2026-01-12 | Senate | Third reading: passed | pass | 48 | 0 | | ## Bill text - Engrossed Senate Bill (H): [PDF](https://api.iga.in.gov/2026/bills/SB0071/versions/SB0071.03.ENGS?format=pdf) - Enrolled Senate Bill (S): [PDF](https://api.iga.in.gov/2026/bills/SB0071/versions/SB0071.05.ENRH?format=pdf) - Introduced Senate Bill (S): [PDF](https://api.iga.in.gov/2026/bills/SB0071/versions/SB0071.01.INTR?format=pdf) - Senate Bill (S): [PDF](https://api.iga.in.gov/2026/bills/SB0071/versions/SB0071.02.COMS?format=pdf), [PDF](https://api.iga.in.gov/2026/bills/SB0071/versions/SB0071.04.COMH?format=pdf) ## Related bills - SB 80: Code publication. (signed) - HB 1424: Farm and homestead food sales. (signed) - HB 1406: Tax and fiscal matters. (signed) - HB 1266: Department of education and education matters. (signed) - HB 1277: Health and human services matters. (signed) - HB 1210: Department of local government finance. (signed) ## Sources - [Engrossed Senate Bill (H) (PDF)](https://api.iga.in.gov/2026/bills/SB0071/versions/SB0071.03.ENGS?format=pdf) - [Enrolled Senate Bill (S) (PDF)](https://api.iga.in.gov/2026/bills/SB0071/versions/SB0071.05.ENRH?format=pdf) - [Introduced Senate Bill (S) (PDF)](https://api.iga.in.gov/2026/bills/SB0071/versions/SB0071.01.INTR?format=pdf) - [Senate Bill (S) (PDF)](https://api.iga.in.gov/2026/bills/SB0071/versions/SB0071.02.COMS?format=pdf) - [Senate Bill (S) (PDF)](https://api.iga.in.gov/2026/bills/SB0071/versions/SB0071.04.COMH?format=pdf) ## Related - [SB 80: Code publication.](https://policyrisk.com/state-bill/IN-SB80-2026) - [HB 1424: Farm and homestead food sales.](https://policyrisk.com/state-bill/IN-HB1424-2026) - [HB 1406: Tax and fiscal matters.](https://policyrisk.com/state-bill/IN-HB1406-2026) - [HB 1266: Department of education and education matters.](https://policyrisk.com/state-bill/IN-HB1266-2026) - [HB 1277: Health and human services matters.](https://policyrisk.com/state-bill/IN-HB1277-2026) - [HB 1210: Department of local government finance.](https://policyrisk.com/state-bill/IN-HB1210-2026) - [Indiana bills](https://policyrisk.com/states/indiana/bills) - [Indiana state hub](https://policyrisk.com/states/indiana) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/IN-SB71-2026 (as of 2026-11-01).