Okla. Stat. tit. 60, § 60-175.201
This is the official text of Okla. Stat. tit. 60, § 60-175.201, part of Oklahoma’s Stat. tit. 60, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 60,." Browse the sections below, each linked to its official government source.
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Determination and distribution of net income
Official statutory text
DETERMINATION AND DISTRIBUTION OF NET INCOME
After a decedent dies, in the case of an estate, or after an
income interest in a trust ends, the following rules apply:
1. A fiduciary of an estate or of a terminating income interest
shall determine the amount of net income and net principal receipts
received from property specifically given to a beneficiary under the
rules in Articles 3 through 5 of this act which apply to trustees
and the rules in paragraph 5 of this section. The fiduciary shall
distribute the net income and net principal receipts to the
beneficiary who is to receive the specific property;
2. A fiduciary shall determine the remaining net income of a
decedent's estate or a terminating income interest under the rules
in Articles 3 through 5 of this act which apply to trustees and by:
a. including in net income all income from property used
to discharge liabilities,
b. paying from income or principal, in the fiduciary's
discretion, fees of attorneys, accountants, and
fiduciaries; court costs and other expenses of
administration; and interest on death taxes, but the
fiduciary may pay those expenses from income of
property passing to a trust for which the fiduciary
claims an estate tax marital or charitable deduction
only to the extent that the payment of those expenses
Oklahoma Statutes - Title 60. Property Page 90
from income will not cause the reduction or loss of
the deduction, and
c. paying from principal all other disbursements made or
incurred in connection with the settlement of a
decedent's estate or the winding up of a terminating
income interest, including debts, funeral expenses,
disposition of remains, family allowances, and death
taxes and related penalties that are apportioned to
the estate or terminating income interest by the will,
the terms of the trust, or applicable law;
3. A fiduciary shall distribute to a beneficiary who receives a
pecuniary amount outright the interest or any other amount provided
by the will, the terms of the trust, or applicable law from net
income determined under paragraph 2 of this section or from
principal to the extent that net income is insufficient. If a
beneficiary is to receive a pecuniary amount outright from a trust
after an income interest ends and no interest or other amount is
provided for by the terms of the trust or applicable law, the
fiduciary shall distribute the interest or other amount to which the
beneficiary would be entitled under applicable law if the pecuniary
amount were required to be paid under a will;
4. A fiduciary shall distribute the net income remaining after
distributions required by paragraph 3 of this section in the manner
described in Section 6 of this act to all other beneficiaries,
including a beneficiary who receives a pecuniary amount in trust,
even if the beneficiary holds an unqualified power to withdraw
assets from the trust or other presently exercisable general power
of appointment over the trust;
5. A fiduciary may not reduce principal or income receipts from
property described in paragraph 1 of this section because of a
payment described in Section 25 or 26 of this act to the extent that
the will, the terms of the trust, or applicable law requires the
fiduciary to make the payment from assets other than the property or
to the extent that the fiduciary recovers or expects to recover the
payment from a third party. The net income and principal receipts
from the property are determined by including all of the amounts the
fiduciary receives or pays with respect to the property, whether
those amounts accrued or became due before, on, or after the date of
a decedent's death or an income interest's terminating event, and by
making a reasonable provision for amounts that the fiduciary
believes the estate or terminating income interest may become
obligated to pay after the property is distributed.
After a decedent dies, in the case of an estate, or after an
income interest in a trust ends, the following rules apply:
1. A fiduciary of an estate or of a terminating income interest
shall determine the amount of net income and net principal receipts
received from property specifically given to a beneficiary under the
rules in Articles 3 through 5 of this act which apply to trustees
and the rules in paragraph 5 of this section. The fiduciary shall
distribute the net income and net principal receipts to the
beneficiary who is to receive the specific property;
2. A fiduciary shall determine the remaining net income of a
decedent's estate or a terminating income interest under the rules
in Articles 3 through 5 of this act which apply to trustees and by:
a. including in net income all income from property used
to discharge liabilities,
b. paying from income or principal, in the fiduciary's
discretion, fees of attorneys, accountants, and
fiduciaries; court costs and other expenses of
administration; and interest on death taxes, but the
fiduciary may pay those expenses from income of
property passing to a trust for which the fiduciary
claims an estate tax marital or charitable deduction
only to the extent that the payment of those expenses
Oklahoma Statutes - Title 60. Property Page 90
from income will not cause the reduction or loss of
the deduction, and
c. paying from principal all other disbursements made or
incurred in connection with the settlement of a
decedent's estate or the winding up of a terminating
income interest, including debts, funeral expenses,
disposition of remains, family allowances, and death
taxes and related penalties that are apportioned to
the estate or terminating income interest by the will,
the terms of the trust, or applicable law;
3. A fiduciary shall distribute to a beneficiary who receives a
pecuniary amount outright the interest or any other amount provided
by the will, the terms of the trust, or applicable law from net
income determined under paragraph 2 of this section or from
principal to the extent that net income is insufficient. If a
beneficiary is to receive a pecuniary amount outright from a trust
after an income interest ends and no interest or other amount is
provided for by the terms of the trust or applicable law, the
fiduciary shall distribute the interest or other amount to which the
beneficiary would be entitled under applicable law if the pecuniary
amount were required to be paid under a will;
4. A fiduciary shall distribute the net income remaining after
distributions required by paragraph 3 of this section in the manner
described in Section 6 of this act to all other beneficiaries,
including a beneficiary who receives a pecuniary amount in trust,
even if the beneficiary holds an unqualified power to withdraw
assets from the trust or other presently exercisable general power
of appointment over the trust;
5. A fiduciary may not reduce principal or income receipts from
property described in paragraph 1 of this section because of a
payment described in Section 25 or 26 of this act to the extent that
the will, the terms of the trust, or applicable law requires the
fiduciary to make the payment from assets other than the property or
to the extent that the fiduciary recovers or expects to recover the
payment from a third party. The net income and principal receipts
from the property are determined by including all of the amounts the
fiduciary receives or pays with respect to the property, whether
those amounts accrued or became due before, on, or after the date of
a decedent's death or an income interest's terminating event, and by
making a reasonable provision for amounts that the fiduciary
believes the estate or terminating income interest may become
obligated to pay after the property is distributed.
Status: in_force · Read it on the official government site
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