Title 28, Commercial Instruments and Transactions. [Enacted title]

After a decedent dies, in the case of an estate, or after an income interest in a trust ends, the following rules apply: (1) A fiduciary of an estate or of a terminating income interest shall determine the amount of net income and net principal receipts received from property spe…

(a) Each beneficiary described in § 28-4802.01(4) is entitled to receive a portion of the net income equal to the beneficiary’s fractional interest in undistributed principal assets, using values as of the distribution date. If a fiduciary makes more than one distribution of asse…

(a) An income beneficiary is entitled to net income from the date on which the income interest begins. An income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to a trust or successive income inter…

(a) A trustee shall allocate an income receipt or disbursement other than one to which § 28-4802.01(1) applies to principal if its due date occurs before a decedent dies in the case of an estate or before an income interest begins in the case of a trust or successive income inter…

(a) For the purposes of this section, the term “undistributed income” means net income received before the date on which an income interest ends. The term “undistributed income” does not include an item of income or expense that is due or accrued or net income that has been added…

(a) For the purposes of this section, the term “entity” means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund, or any other organization in which a trustee has an interest other than a trust or e…

A trustee shall allocate to income an amount received as a distribution of income from a trust or an estate in which the trust has an interest other than a purchased interest, and shall allocate to principal an amount received as a distribution of principal from such a trust or e…

(a) If a trustee who conducts a business or other activity determines that it is in the best interest of all the beneficiaries to account separately for the business or activity instead of accounting for it as part of the trust’s general accounting records, the trustee may mainta…

A trustee shall allocate to principal: (1) To the extent not allocated to income under this chapter, assets received from a transferor during the transferor’s lifetime, a decedent’s estate, a trust with a terminating income interest, or a payer under a contract naming the trust o…

To the extent that a trustee accounts for receipts from rental property pursuant to this section, the trustee shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease. An amount received …

(a) An amount received as interest, whether determined at a fixed, variable, or floating rate, on an obligation to pay money to the trustee, including an amount received as consideration for prepaying principal, shall be allocated to income without any provision for amortization …

(a) Except as otherwise provided in subsection (b) of this section, a trustee shall allocate to principal the proceeds of a life insurance policy or other contract in which the trust or its trustee is named as beneficiary, including a contract that insures the trust or its truste…

If a trustee determines that an allocation between principal and income required by § 28-4804.09, § 28-4804.10, § 28-4804.11, § 28-4804.12, or § 28-4804.15 is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in § 28-…

(a) For the purposes of this section, the term: (1) “Payment” means a payment that a trustee may receive over a fixed number of years or during the life of one or more individuals because of services rendered or property transferred to the payer in exchange for future payments. T…

(a) For the purposes of this section, the term “liquidating asset” means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a period of limited duration. The term “liquidating asset” includes a leasehold, patent, copyright, royal…

(a) To the extent that a trustee accounts for receipts from an interest in minerals or other natural resources pursuant to this section, the trustee shall allocate them as follows: (1) If received as nominal delay rental or nominal annual rent on a lease, a receipt shall be alloc…

(a) To the extent that a trustee accounts for receipts from the sale of timber and related products pursuant to this section, the trustee shall allocate the net receipts: (1) To income to the extent that the amount of timber removed from the land does not exceed the rate of growt…

(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 or domestic partner with sufficient income from or use of the trust assets, and if the amounts that the trustee transfers from principa…

(a) For the purposes of this section, the term “derivative” means a contract or financial instrument or a combination of contracts and financial instruments which gives a trust the right or obligation to participate in some or all changes in the price of a tangible or intangible …

(a) For the purposes of this section, the term “asset-backed security” means an asset whose value is based upon the right it gives the owner to receive distributions from the proceeds of financial assets that provide collateral for the security. The term “asset-backed security” i…

A trustee shall make the following disbursements from income to the extent that they are not disbursements to which § 28-4802.01(2)(B) or (C) applies: (1) One-half of the regular compensation of the trustee and of any person providing investment advisory or custodial services to …

(a) A trustee shall make the following disbursements from principal: (1) The remaining one-half of the disbursements described in § 28-4805.01(1) and (2); (2) All of the trustee’s compensation calculated on principal as a fee for acceptance, distribution, or termination, and disb…

(a) For the purposes of this section, the term “depreciation” means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a fixed asset having a useful life of more than one year. (b) A trustee may transfer to principal a reasonable amount of the ne…

(a) If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursement…

(a) A tax required to be paid by a trustee based on receipts allocated to income shall be paid from income. (b) A tax required to be paid by a trustee based on receipts allocated to principal shall be paid from principal, even if the tax is called an income tax by the taxing auth…

(a) A fiduciary may make adjustments between principal and income to offset the shifting of economic interests or tax benefits between income beneficiaries and remainder beneficiaries which arise from: (1) Elections and decisions, other than those described in subsection (b) of t…

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.

This chapter applies to every trust or decedent’s estate existing on the effective date of this chapter [April 27, 2001] except as otherwise expressly provided in the will or terms of the trust or in this chapter.

Section 28-4804.09 applies to a trust described in § 28-4804.09(d) on and after the following dates: (1) If the trust is not funded as of [July 23, 2010], the date of the decedent’s death; (2) If the trust is initially funded in the calendar year beginning January 1, 2010, the da…