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DIVISION 9. TRUST LAW 15000-19403›PART 4. TRUST ADMINISTRATION 16000-16504›CHAPTER 3. Uniform Principal and Income Act 16320-16375›ARTICLE 5.3. Allocation of Receipts During Administration of Trust: Receipts Normally Apportioned 16360-16367

§ 16365

California Probate Code · 2018-11 edition · updated 2026-10-04 · California

(a) If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the spouse with sufficient income from or use of the trust assets, and if the amounts that the trustee transfers from principal to income under Section 16336 and distributes to the spouse from principal pursuant to the terms of the trust are insufficient to provide the spouse with the beneficial enjoyment required to obtain the marital deduction, the spouse may require the trustee to make property productive of income or convert it into productive property or exercise the power under subdivision (a) of Section 16336 within a reasonable time. The trustee may decide which action or combination of actions to take.

(b) In cases not governed by subdivision (a), proceeds from the sale or other disposition of a trust asset are principal without regard to the amount of income the asset produces during any accounting period.

(Added by Stats. 1999, Ch. 145, Sec. 5. Effective January 1, 2000.)

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California Probate Code

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