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A.R.S. § 14-7405

Net Income: Determined and Distributed After Death

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

After someone dies or a trust income interest ends, a fiduciary must sort out what counts as income and what counts as principal. The right amounts then go to the right beneficiaries. This statute sets the rules for separating income from principal in estates and ending trusts.

Title 14, TRUST ADMINISTRATION

azleg.gov

Sorting Income From Principal in Estate Settlement

When an estate or trust income interest comes to a close, the money does not simply pass in one lump. The fiduciary has to determine what portion is net income and what is principal. Different beneficiaries may be entitled to each. Property given to a named beneficiary gets its own accounting. The net income from that property goes directly to that beneficiary.

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 pursuant to the provisions of sections 14-7407 through 14-7430 that apply to trustees and 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.

A.R.S. § 14-7405(1)

For everything that is not specifically gifted, the fiduciary determines remaining net income using a different set of rules. Administration expenses like attorney fees, court costs, and fiduciary fees can be paid from either income or principal. The fiduciary decides. Debts, funeral expenses, and death taxes come from principal.

Understanding gross income versus taxable income matters here as well. The fiduciary must track what shows up on income tax returns to make sure the right amounts are allocated. Items reported as taxable income on the estate's returns may still be classified as principal for trust accounting purposes.

Pecuniary Gifts and the Remaining Balance

A beneficiary entitled to a specific dollar amount receives interest or another amount provided by the will, trust terms, or applicable law. That payment comes first from net income. If net income falls short, it comes from principal. After those fixed amounts are satisfied, the remaining net income flows to residuary and remainder beneficiaries.

This layered approach prevents one group of beneficiaries from absorbing funds that belong to another. It also gives fiduciaries a clear order of priority when assets need to be allocated across competing claims during estate settlement.

After a decedent dies, in the case of an estate, or after an income interest in a trust ends, the following 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 pursuant to the provisions of sections 14-7407 through 14-7430 that apply to trustees and 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 pursuant to the provisions of section 14-7407 through 14-7430 that 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 from income will not cause the reduction or loss of the deduction. (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 paragr...

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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