Statute · California Probate Code

Cal. Prob. Code § 16363 — Allocation of Disbursements

Cal. Prob. Code § 16363

Type
Statute
Source
California Probate Code
Jurisdiction
California
Date
2024-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

(a) If a fiduciary makes or expects to make an income disbursement described in subdivision (b), the fiduciary may transfer an appropriate amount from principal to income in one or more accounting periods to reimburse income.

Citator

Cal. Prob. Code § 16363 — Allocation of Disbursements is in force in the current edition of the Code, and nothing recorded condemns it.

(a) If a fiduciary makes or expects to make an income disbursement described in subdivision (b), the fiduciary may transfer an appropriate amount from principal to income in one or more accounting periods to reimburse income.

(b) To the extent the fiduciary has not been, and does not expect to be, reimbursed by a third party, income disbursements to which subdivision (a) applies include all of the following:

(1) An amount chargeable to principal, but paid from income because principal is illiquid.

(2) A disbursement made to prepare property for sale, including improvements and commissions.

(3) A disbursement described in Section 16360.

(c) If an asset whose ownership gives rise to an income disbursement becomes subject to a successive interest after an income interest ends, the fiduciary may continue to make transfers under subdivision (a).