Statute · California Probate Code

Cal. Prob. Code § 21118 — General Provisions

Cal. Prob. Code § 21118

Type
Statute
Source
California Probate Code
Jurisdiction
California
Date
2003-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

(a) If an instrument authorizes a fiduciary to satisfy a pecuniary gift wholly or partly by distribution of property other than money, property selected for that purpose shall be valued at its fair market value on the date of distribution, unless the instrument expressly provides otherwise. If…

Citator

Cal. Prob. Code § 21118 — General Provisions is in force in the current edition of the Code, and nothing recorded condemns it.

(a) If an instrument authorizes a fiduciary to satisfy a pecuniary gift wholly or partly by distribution of property other than money, property selected for that purpose shall be valued at its fair market value on the date of distribution, unless the instrument expressly provides otherwise. If the instrument permits the fiduciary to value the property selected for distribution as of a date other than the date of distribution, then, unless the instrument expressly provides otherwise, the property selected by the fiduciary for that purpose shall fairly reflect net appreciation and depreciation (occurring between the valuation date and the date of distribution) in all of the assets from which the distribution could have been made.

(b) As used in this section, “pecuniary gift” means a transfer of property made in an instrument that either is expressly stated as a fixed dollar amount or is a dollar amount determinable by the provisions of the instrument.