C.R.S. Section 15-1.2-602
Distribution to successor beneficiary


(1)

Except to the extent part 3 of this article 1.2 applies for a beneficiary that is a trust, each beneficiary described in section 15-1.2-601 (6) is entitled to receive a share of the net income equal to the beneficiary’s fractional interest in undistributed principal assets, using values as of the distribution date. If a fiduciary makes more than one distribution of assets to beneficiaries to which this section applies, each beneficiary, including a beneficiary that does not receive part of the distribution, is entitled, as of each distribution date, to a share of the net income the fiduciary received after the decedent’s death, an income interest’s other terminating event, or the preceding distribution by the fiduciary.

(2)

In determining a beneficiary’s share of net income under subsection (1) of this section, the following rules apply:

(a)

The beneficiary is entitled to receive a share of the net income equal to the beneficiary’s fractional interest in the undistributed principal assets immediately before the distribution date;

(b)

The beneficiary’s fractional interest under subsection (2)(a) of this section must be calculated:

(I)

On the aggregate value of the assets as of the distribution date without reducing the value by any unpaid principal obligation; and

(II)

Without regard to:

(A)

Property specifically given to a beneficiary under the decedent’s will or the terms of the trust; and

(B)

Property required to pay pecuniary amounts not in trust; and

(c)

The distribution date under subsection (2)(a) of this section may be the date as of which the fiduciary calculates the value of the assets if that date is reasonably near the date on which the assets are distributed.

(3)

To the extent a fiduciary does not distribute under this section all the collected but undistributed net income to each beneficiary as of a distribution date, the fiduciary shall maintain records showing the interest of each beneficiary in the net income.

(4)

If this section applies to income from an asset, a fiduciary may apply the rules in this section to net gain or loss realized from the disposition of the asset after the decedent’s death, an income interest’s terminating event, or the preceding distribution by the fiduciary.

Source: Section 15-1.2-602 — Distribution to successor beneficiary, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-15.­pdf (accessed Oct. 20, 2023).

15‑1.2‑101
Short title
15‑1.2‑102
Definitions
15‑1.2‑103
Scope
15‑1.2‑104
Governing law
15‑1.2‑201
Fiduciary duties - general principles
15‑1.2‑202
Judicial review of exercise of discretionary power - definition
15‑1.2‑203
Fiduciary’s power to adjust
15‑1.2‑204
Notice of action - definitions
15‑1.2‑301
Definitions
15‑1.2‑302
Application - duties and remedies
15‑1.2‑303
Authority of fiduciary
15‑1.2‑304
Notice
15‑1.2‑305
Unitrust policy
15‑1.2‑306
Unitrust rate
15‑1.2‑307
Applicable value
15‑1.2‑308
Period
15‑1.2‑309
Special tax benefits - rules
15‑1.2‑401
Character of receipts from entity - definitions
15‑1.2‑402
Distribution from trust or estate
15‑1.2‑403
Business of other activity conducted by fiduciary
15‑1.2‑404
Principal receipts
15‑1.2‑405
Rental property
15‑1.2‑406
Receipt on obligation to be paid in money
15‑1.2‑407
Insurance policy or contract
15‑1.2‑408
Insubstantial allocation not required
15‑1.2‑409
Deferred compensation, annuity, or similar payment - definitions
15‑1.2‑410
Liquidating asset - definition
15‑1.2‑411
Minerals, water, and other natural resources
15‑1.2‑412
Timber
15‑1.2‑413
Marital deduction property not productive of income
15‑1.2‑414
Derivative or option - definition
15‑1.2‑415
Asset-backed security
15‑1.2‑416
Other financial instrument or arrangement
15‑1.2‑501
Disbursement from income
15‑1.2‑502
Disbursement from principal
15‑1.2‑503
Transfer from income to principal for depreciation - definition
15‑1.2‑504
Reimbursement of income from principal
15‑1.2‑505
Reimbursement of principal from income
15‑1.2‑506
Income taxes
15‑1.2‑507
Adjustment between income and principal because of taxes
15‑1.2‑601
Determination and distribution of net income
15‑1.2‑602
Distribution to successor beneficiary
15‑1.2‑701
When right to income begins and ends
15‑1.2‑702
Apportionment of receipts and disbursements when decedent dies or income interest begins
15‑1.2‑703
Apportionment when income interest ends - definition
15‑1.2‑801
Uniformity of application and construction
15‑1.2‑802
Relation to electronic signatures in global and national commerce act
15‑1.2‑803
Application to trust or estate
15‑1.2‑804
Severability
Green check means up to date. Up to date

Current through Fall 2024

§ 15-1.2-602’s source at colorado​.gov