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19-3A-504
Section 19-3A-504 Transfers from income to reimburse principal. (a) If a fiduciary makes or
expects to make a principal disbursement described in this section, then the fiduciary 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 disbursements. (b) Principal
disbursements to which subsection (a) applies include the following, but only to the extent
that the fiduciary has not been and does not expect to be reimbursed by a third party: (1)
An amount chargeable to income but paid from principal because it is unusually large, including
extraordinary repairs; (2) A capital improvement to a principal asset, whether in the form
of changes to an existing asset or the construction of a new asset, including special assessments;
(3) Disbursements made to prepare property for rental, including tenant allowances, leasehold
improvements, and broker's commissions; and (4) Periodic payments...
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19-3A-412
Section 19-3A-412 Timber. (a) To the extent that a fiduciary accounts for receipts from the
sale of timber and related products pursuant to this section, the fiduciary shall allocate
the net receipts first to principal, based upon the volume of the timber at the time of transfer
to the trust or decedent's estate. The balance shall be allocated eighty percent (80%) to
income and the balance to principal. (b) In determining net receipts as provided for in subsection
(a), a fiduciary shall deduct the following expenses related to the sale of timber and related
products from gross receipts: (1) Management expenses; (2) Legal and accounting expenses and
fees; (3) Sales commissions; (4) Reforestation expenses; and (5) Any necessary timber stand
improvement expense that is recognized and accepted as good forest management practice at
the time of sale. (c) This chapter applies whether or not a decedent or transferor was harvesting
timber from the property before it became subject to the trust...
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19-3A-103
Section 19-3A-103 Fiduciary duties; general principles. (a) In allocating receipts and disbursements
to or between principal and income, and with respect to any matter within the scope of Article
2 and Article 3, a fiduciary: (1) Shall administer a trust or decedent's estate in accordance
with the terms of the trust or the will, even if there is a different provision in this chapter;
(2) May administer a trust or decedent's estate by the exercise of a discretionary power of
administration given to the fiduciary by the terms of the trust or the will, even if the exercise
of the power produces a result different from a result required or permitted by this chapter;
(3) Subject to the provisions of Section 19-3A-104, shall administer a trust or decedent's
estate in accordance with this chapter if the terms of the trust or the will do not contain
a different provision or do not give the fiduciary a discretionary power of administration;
and (4) Shall add a receipt or charge a disbursement...
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19-3A-402
Section 19-3A-402 Distributions from trust or decedent's estate. A fiduciary shall allocate
to income an amount received as a distribution of income from a trust or a decedent's 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 decedent's
estate. If a fiduciary purchases an interest in a trust that is an investment entity, or a
decedent or donor transfers an interest in such a trust to a fiduciary, then Section 19-3A-401
or Section 19-3A-415 applies to a receipt from such a trust. (Act 2000-675, p. 1343, §1.)...
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19-3A-407
Section 19-3A-407 Insurance policies and similar contracts. (a) Except as otherwise provided
in subsection (b), a fiduciary shall allocate to principal the proceeds of a life insurance
policy or other contract in which the trust or its fiduciary is named as beneficiary, including
a contract that insures the trust or its fiduciary against loss for damage to, destruction
of, or loss of title to a trust asset. The fiduciary shall allocate dividends on an insurance
policy to income if the premiums on the policy are paid from income, and to principal if the
premiums are paid from principal. (b) A fiduciary shall allocate to income proceeds of a contract
that insures the fiduciary against loss of occupancy or other use by an income beneficiary,
loss of income, or, subject to Section 19-3A-403, loss of profits from a business. (c) This
section does not apply to a contract to which Section 19-3A-409 applies. (Act 2000-675, p.
1343, §1.)...
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19-3A-413
Section 19-3A-413 Property not productive of income. (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 with sufficient income from or use of the trust assets, and if the amounts that
the fiduciary transfers from principal to income pursuant to Section 19-3A-104, if applicable,
and distributes to the spouse from principal pursuant to the terms of the trust are insufficient
to provide the spouse with the beneficial enjoyment required to obtain the marital deduction,
then the spouse may require the fiduciary (1) to make property productive of income, (2) to
convert property within a reasonable time or (3) to exercise the power conferred by Section
19-3A-104(a), if applicable. The fiduciary may decide which action or combination of actions
to take. (b) In cases not governed by subsection (a), a fiduciary shall allocate to principal
the proceeds from the sale or other disposition of an asset...
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19-3B-506
Section 19-3B-506 Overdue distribution. (a) In this section, "mandatory distribution"
means a distribution of income or principal that the trustee is required to make to a beneficiary
under the terms of the trust, including a distribution upon termination of the trust. The
term excludes a distribution subject to the exercise of the trustee's discretion regardless
of whether the terms of the trust (i) include a support or other standard to guide the trustee
in making distribution decisions or (ii) provide that the trustee "may" or "shall"
make discretionary distributions, including distributions pursuant to a support or other standard.
(b) Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary
may compel a mandatory distribution of income or principal to a beneficiary, including a distribution
upon termination of the trust, if the trustee has not made the distribution to the beneficiary
within a reasonable time after the mandated distribution...
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19-4A-1
Section 19-4A-1 Idle funds defined. Idle funds are defined as collected income and principal
cash balances received by a fiduciary and held awaiting investment in or distribution from
a fiduciary account. As used in this chapter, the term "fiduciary account" shall
mean any account for which the bank or trust company has investment responsibility. (Acts
1991, No. 91-129, p. 163, §1(a).)...
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40-20-50
Section 40-20-50 Collection of severance taxes; deposit into fund; distribution of investment
income; trustees; escrow agents; limitations. Any laws or parts of laws to the contrary notwithstanding,
any annual privilege tax levied upon persons engaging in the business of producing or severing
oil or gas or other hydrocarbons from the soil or waters of this state measured by the gross
value of such oil or gas or other hydrocarbons and which tax is applicable only in a particular
county and under which collections were being made on January 1, 1987, or which shall hereafter
be levied pursuant to legislative act, shall be continued and collected only as herein prescribed:
(1) All revenues collected from such local severance taxes shall, beginning the first day
of the month following August 3, 1987, be paid into the general fund of the county exclusively
for transfer and deposit into a trust fund hereby established until the total sum of $15,000,000
in severance tax revenues of the type...
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19-3D-12
Section 19-3D-12 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. DECANTING POWER UNDER
LIMITED DISTRIBUTIVE DISCRETION. (a) In this section, "limited distributive discretion"
means a discretionary power of distribution that is limited to an ascertainable standard or
a reasonably definite standard. (b) An authorized fiduciary that has limited distributive
discretion over the principal of the first trust for the benefit of one or more current beneficiaries
may exercise the decanting power over the principal of the first trust. If an authorized fiduciary
has limited distributive discretion over part but not all of the principal of a first trust,
the fiduciary may exercise the decanting power over that part of the principal over which
the authorized fiduciary has limited distributive discretion. (c) Under this section and subject
to Section 19-3D-14, a second trust may be created or...
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