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A.R.S. § 14-7406

Residuary and Remainder Beneficiary Income

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

After specific gifts and fixed dollar amounts are paid, the rest of the net income goes to residuary and remainder beneficiaries. Each person's share matches their fractional interest in the remaining assets. The calculation uses values as of the distribution date.

Title 14, TRUST ADMINISTRATION

azleg.gov

How Each Beneficiary's Share Is Calculated

Residuary and remainder beneficiaries do not get a flat amount. Instead, each one gets a share of net income based on their fractional interest in the remaining assets.

That fraction uses asset values as of the distribution date. In other words, the math stays tied to current values, not old estimates.

Each beneficiary described in section 14-7405, paragraph 4 is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values as of the distribution date.

A.R.S. § 14-7406(A)

If a fiduciary hands out assets in stages, the math resets each time. Each beneficiary gets the net income collected since the last distribution. This applies even if a beneficiary does not get assets in that round.

What Gets Left Out of the Calculation

The fractional interest does not count property given to a specific beneficiary. It also leaves out property set aside for fixed dollar gifts not held in trust. This prevents double counting.

When a surviving spouse is one of several residuary beneficiaries, estate income taxes can shrink the pool. The fiduciary must handle these costs before paying out shares.

If the fiduciary cannot pay out all collected net income at once, the law requires proper records. These records must show each beneficiary's interest. The fiduciary may also use these rules for gains or losses from selling principal assets.

A. Each beneficiary described in section 14-7405, paragraph 4 is entitled to receive a portion 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 whom this section applies, each beneficiary, including one who does not receive part of the distribution, is entitled, as of each distribution date, to the net income the fiduciary has received after the date of death or terminating event or earlier distribution date but has not distributed as of the current distribution date. B. In determining a beneficiary's share of net income, the following apply: 1. The beneficiary is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in the undistributed principal assets immediately before the distribution date, including assets that later may be sold to meet principal obligations. 2. The beneficiary's fractional interest in the undistributed principal assets must be calculated without regard to property specifically given to a beneficiary and property required to pay pecuniary amounts not in trust. 3. The beneficiary's fractional interest in the undistributed principal assets must be calculated on the basis of the aggregate value of those assets as of the distribution date without reducing the value by any unpaid principal obligation. 4. The distribution date for purposes 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 assets are actually distributed. C. If a fiduciary does not distribute all of the collected but undistributed net income to each person as of a distribution date, the fiduciary shall maintain appropriate records showing the interest of each beneficiary in that net income. D. A fiduciary may apply this section to the extent ...

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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