Section 16372 Of Article 6. Allocation Of Disbursements During Administration Of Trust From California Probate Code >> Division 9. >> Part 4. >> Chapter 3. >> Article 6.
16372
. (a) For purposes of this section, "depreciation" means a
reduction in value due to wear, tear, decay, corrosion, or gradual
obsolescence of a fixed asset having a useful life of more than one
year.
(b) A trustee may transfer from income to principal a reasonable
amount of the net cash receipts from a principal asset that is
subject to depreciation, under generally accepted accounting
principles, but may not transfer any amount for depreciation under
this section in any of the following circumstances:
(1) As to the portion of real property used or available for use
by a beneficiary as a residence or of tangible personal property held
or made available for the personal use or enjoyment of a
beneficiary.
(2) During the administration of a decedent's estate.
(3) If the trustee is accounting under Section 16352 for the
business or activity in which the asset is used.
(c) An amount transferred from income to principal need not be
held as a separate fund.