Section 16373 Of Article 6. Allocation Of Disbursements During Administration Of Trust From California Probate Code >> Division 9. >> Part 4. >> Chapter 3. >> Article 6.
16373
. (a) If a trustee makes or expects to make a principal
disbursement described in this section, the trustee 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 subdivision (a) applies
include the following, but only to the extent that the trustee 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.
(4) Periodic payments on an obligation secured by a principal
asset to the extent that the amount transferred from income to
principal for depreciation is less than the periodic payments.
(5) Disbursements described in paragraph (7) of subdivision (a) of
Section 16371.
(c) If the asset whose ownership gives rise to the disbursements
becomes subject to a successive income interest after an income
interest ends, a trustee may continue to transfer amounts from income
to principal as provided in subdivision (a).