Florida Statutes § 738.404
Principal receipts
Amended 2026 Florida StatutesSee what changed
A fiduciary shall allocate to principal:
- (1)To the extent not allocated to income under this chapter, an asset received from any of the following:
- (a)An individual during the individual’s lifetime.
- (b)An estate.
- (c)A trust on termination of an income interest.
- (d)A payor under a contract naming the fiduciary as beneficiary.
- (a)
- (2)Except as otherwise provided in ss. 738.401-738.416, money or other property received from the sale, exchange, liquidation, or change in the form of a principal asset.
- (3)An amount recovered from a third party to reimburse the fiduciary because of a disbursement described in s. 738.502(1) or for another reason to the extent not based on the loss of income.
- (4)Proceeds of property taken by eminent domain except that proceeds awarded for loss of income in an accounting period are income if a current income beneficiary had a mandatory income interest during the period.
- (5)Net income received in an accounting period during which there is no beneficiary to which a fiduciary may or must distribute income.
- (6)Other receipts as provided in ss. 738.408-738.416.
History
History.—s. 23, ch. 2024-216.