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A.R.S. § 14-3906

Receiving Estate Assets Instead of Cash

Verified April 4, 202657th Legislature, 1st Regular Session

The law favors giving actual estate assets to beneficiaries rather than selling everything for cash. This statute sets the rules for valuing property distributed in kind. It also covers how specific and residuary gifts are handled and how a beneficiary can object.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

How Distribution in Kind Works

When an estate is settled, not everything needs to be sold for cash. The law actually prefers the opposite. Unless the will says otherwise, assets should be given out in their current form when possible.

This can include real estate, vehicles, and investment accounts.

Unless a contrary intention is indicated by the will, the distributable assets of a decedent's estate shall be distributed in kind to the extent possible.

A.R.S. § 14-3906(A)

A specific devisee receives exactly what was named in the will. For example, if someone was left the family cabin, they get the cabin. Cash gifts can also be filled with property instead of dollars.

This works as long as three conditions are met. The beneficiary has not demanded cash. The property is valued at fair market value on the distribution date. A residuary devisee has not asked for the asset to stay in the residuary estate.

Valuation and the Right to Object

Publicly traded securities use the last sale price from the business day before distribution. Debts owed to the estate by solvent debtors are valued at the amount due plus accrued interest. Other assets use a valuation from within thirty days of distribution.

The personal representative may hire qualified appraisers. Once probable charges are known, the representative can send a distribution proposal to all beneficiaries. Any beneficiary who does not object in writing within thirty days loses the right to challenge what they receive.

Tax Considerations for In-Kind Distributions

Receiving assets instead of cash can affect income tax and capital gains. When property comes from an estate or trust, the beneficiary typically gets a stepped-up basis. This can reduce gains when the asset is later sold.

However, ordinary income items like retirement account payouts may still be taxable. Knowing the tax impact of in-kind distribution helps beneficiaries decide whether to accept property or request cash instead.

A. Unless a contrary intention is indicated by the will, the distributable assets of a decedent's estate shall be distributed in kind to the extent possible through application of the following provisions: 1. A specific devisee is entitled to distribution of the thing devised to him, and a spouse or child who has selected particular assets of an estate as provided in section 14-2403 shall receive the items selected. 2. Any allowance in lieu of homestead or family allowance or devise of a stated sum of money may be satisfied by value in kind if the following are true: (a) The person entitled to the payment has not demanded payment in cash. (b) The property distributed in kind is valued at fair market value as of the date of its distribution. (c) A residuary devisee has not requested that the asset in question remain a part of the residue of the estate. 3. For the purpose of valuation under paragraph 2 securities regularly traded on recognized exchanges, if distributed in kind, are valued at the price for the last sale of like securities traded on the business day prior to distribution, or if there was no sale on that day, at the median between amounts bid and offered at the close of that day. Assets consisting of sums owed the decedent or the estate by solvent debtors as to which there is no known dispute or defense are valued at the sum due with accrued interest or discounted to the date of distribution. For assets which do not have readily ascertainable values, a valuation as of a date not more than thirty days prior to the date of distribution, if otherwise reasonable, controls. For purposes of facilitating distribution, the personal representative may ascertain the value of the assets as of the time of the proposed distribution in any reasonable way, including the employment of qualified appraisers, even if the assets may have been previously appraised. 4. The residuary estate shall be distributed in kind if there is no objection to the proposed distribution and it is practicable to distribute undivided interests. In other cases, residuary property may be converted into cash for distribution.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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