Prob. Code, § 16375 · Article 7. Apportionment at Beginning and End of Income Interest
Prob. Code, § 16375
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) An income beneficiary is entitled to net income in accordance with the terms of the trust from the date an income interest begins. The 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 either of the following:
(1) The trust for the current income beneficiary.
(2) A successive interest for a successor beneficiary.
(b) An asset becomes subject to a trust under paragraph (1) of subdivision (a) as follows:
(1) For an asset that is transferred to the trust during the settlor’s life, on the date the asset is transferred.
(2) For an asset that becomes subject to the trust because of a decedent’s death, on the date of the decedent’s death, even if there is an intervening period of administration of the decedent’s estate.
(3) For an asset that is transferred to a fiduciary by a third party because of a decedent’s death, on the date of the decedent’s death.
(c) An asset becomes subject to a successive interest under paragraph (2) of subdivision (a) on the day after the preceding income interest ends, as determined under subdivision (d), even if there is an intervening period of administration to wind up the preceding income interest.
(d) An income interest ends on the day before an income beneficiary dies or another terminating event occurs or on the last day of a period during which there is no beneficiary to which a fiduciary may, or is required to, distribute income.
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Repealed and added by Stats. 2023, Ch. 28, Sec. 2.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=16375.
- Text hash
- sha256 a4f22595bfbbaa1bd717d7db3bac73a6ff51dcd73baf8a218212bfba8e7cb46b
- 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
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.