Probate Code section 16362

(a)

For purposes of this section, “depreciation” means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a tangible asset having a useful life of more than one year.

(b)

A fiduciary may transfer to principal a reasonable amount of the net money receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation:

(1)

Of the part of real property used or available for use by a beneficiary as a residence.

(2)

Of tangible personal property held or made available for the personal use or enjoyment of a beneficiary.

(3)

Under this section, to the extent the fiduciary accounts under either of the following:

(A)

Section 16349, for the asset.

(B)

Section 16342, for the business or other activity in which the asset is used.

(c)

An amount transferred to principal under this section need not be separately held.

Source: Section 16362, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PROB§ionNum=16362.­ (accessed May 19, 2025).

Last Updated

May 12, 2025

§ 16362’s source at ca​.gov