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Prob. Code, § 16362 · Article 5. Allocation of Disbursements

Prob. Code, § 16362

Verbatim from the official edition

Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)

(a) For purposes of this section, “depreciation” means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a tangible asset having a useful life of more than one year.

(b) A fiduciary may transfer to principal a reasonable amount of the net money receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation:

(1) Of the part of real property used or available for use by a beneficiary as a residence.

(2) Of tangible personal property held or made available for the personal use or enjoyment of a beneficiary.

(3) Under this section, to the extent the fiduciary accounts under either of the following:

(A) Section 16349, for the asset.

(B) Section 16342, for the business or other activity in which the asset is used.

(c) An amount transferred to principal under this section need not be separately held.

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Repealed and added by Stats. 2023, Ch. 28, Sec. 2.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&sectionNum=16362.
Text hash
sha256 31157c2ffcfa6cb9f3e69ebf7b20ee08a5285fa53b62d26915711a65063e91b7
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

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