Prob. Code, § 16353 · Article 4. Allocation of Receipts
Prob. Code, § 16353
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) For purposes of this section, “derivative” means a contract, instrument, other arrangement, or combination of contracts, instruments, or other arrangements, the value, rights, and obligations of which are, in whole or in part, dependent on or derived from an underlying tangible or intangible asset, group of tangible or intangible assets, index, or occurrence of an event. The term includes stocks, fixed-income securities, and financial instruments and arrangements based on indices, commodities, interest rates, weather-related events, and credit default events.
(b) To the extent a fiduciary does not account for a transaction in derivatives as a business under Section 16342, the fiduciary shall allocate 10 percent of receipts from the transaction and 10 percent of disbursements made in connection with the transaction to income and the balance to principal.
(c) Subdivision (d) applies under the following circumstances:
(1) If a fiduciary does any of the following:
(A) Grants an option to buy property from a trust, whether or not the trust owns the property when the option is granted.
(B) Grants an option that permits another person to sell property to the trust.
(C) Acquires an option to buy property for the trust or an option to sell an asset owned by the trust.
(2) The fiduciary or other owner of the asset is required to deliver the asset if the option is exercised.
(d) If this subdivision applies, the fiduciary shall allocate 10 percent to income and the balance to principal of the following amounts:
(1) An amount received for granting the option.
(2) An amount paid to acquire the option.
(3) Gain or loss realized on the exercise, exchange, settlement, offset, closing, or expiration of the option.
Notes and commentary — not statutory text
History
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=16353.
- Text hash
- sha256 a64cf301675cc89beb0112bfa338cb52ec1f117e0901bc35393e03ff60af4081
- 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 5 provisions
Provisions in this library whose text cites Prob. Code, § 16353. Each shows the citation as that text prints it.
Probate Code
- Prob. Code, § 16321Printed as Section 16340, 16348, or 16353
- Prob. Code, § 16342Printed as Section 16353, 16354, or 16355
- Prob. Code, § 16345Printed as Section 16348, 16349, 16350, 16351, 16353, 16354, or 16355
- Prob. Code, § 16349Printed as Section 16340, 16348, 16350, 16351, 16353, 16354, 16355, or 16362
- Prob. Code, § 16355Printed as Sections 16353 and 16354
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.