Prob. Code, § 16351 · Article 4. Allocation of Receipts
Prob. Code, § 16351
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) To the extent a fiduciary does not account for receipts from the sale of timber and related products as a business under Section 16342, the fiduciary shall allocate the net receipts:
(1) To income, to the extent the amount of timber cut from the land does not exceed the rate of growth of the timber.
(2) To principal, to the extent the amount of timber cut from the land exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber.
(3) Between income and principal, if the net receipts are from the lease of land used for growing and cutting timber or from a contract to cut timber from land, by determining the amount of timber cut from the land under the lease or contract and applying the rules in paragraphs (1) and (2).
(4) To principal, to the extent advance payments, bonuses, and other payments are not allocated under paragraph (1), (2), or (3).
(b) In determining net receipts to be allocated under subdivision (a), a fiduciary shall deduct and transfer to principal a reasonable amount for depletion.
(c) This section applies to land owned or held by a fiduciary whether or not a settlor was cutting timber from the land before the fiduciary owned or held the property.
(d) If a fiduciary owns or holds an interest in land used for growing and cutting timber before the effective date of this chapter, the fiduciary may allocate net receipts from the sale of timber and related products as provided in this section or in the manner used by the fiduciary before the effective date of this chapter. If the fiduciary acquires an interest in land used for growing and cutting timber on or after the effective date of this chapter, the fiduciary shall allocate net receipts from the sale of timber and related products as provided in this section.
Notes and commentary — not statutory text
History
Repealed and added by Stats. 2023, Ch. 28, Sec. 2. (SB 522) Effective January 1, 2024.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=16351.
- Text hash
- sha256 46b35ff99d774a8d2d44f33d9ca04c2a2a8a1968b3aa71fb6a68597e8713d385
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Probate Code
Cited by 4 provisions
Provisions in this library whose text cites Prob. Code, § 16351. Each shows the citation as that text prints it.
Probate Code
- Prob. Code, § 16340Printed as Sections 16346, 16349, 16350, and 16351
- Prob. Code, § 16345Printed as Section 16348, 16349, 16350, 16351, 16353, 16354, or 16355
- Prob. Code, § 16347Printed as Section 16348, 16349, 16350, 16351, or 16354
- Prob. Code, § 16349Printed as Section 16340, 16348, 16350, 16351, 16353, 16354, 16355, or 16362
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.