Florida Statutes
Chapter 738 - Principal and Income
738.501 - Principal Receipts.


(1) To the extent not allocated to income under this chapter, assets received from a donor during the donor’s lifetime, a decedent’s estate, a trust with a terminating income interest, or a payor under a contract naming the trust, estate, or fiduciary as beneficiary.
(2) Money or other property received from the sale, exchange, liquidation, or change in form of a principal asset, including realized profit, subject to this section.
(3) Amounts recovered from third parties to reimburse the trust or estate because of disbursements described in s. 738.702(1)(g) or for other reasons to the extent not based on the loss of income.
(4) Proceeds of property taken by eminent domain; however, a separate award made for the loss of income with respect to an accounting period during which a current income beneficiary had a mandatory income interest is income.
(5) Net income received in an accounting period during which there is no beneficiary to whom a fiduciary may or shall distribute income.
(6) Other receipts as provided in ss. 738.601-738.608.
History.—s. 1, ch. 2002-42; s. 15, ch. 2012-49.

Structure Florida Statutes

Florida Statutes

Title XLII - Estates and Trusts

Chapter 738 - Principal and Income

738.101 - Short Title.

738.102 - Definitions.

738.103 - Fiduciary Duties; General Principles.

738.104 - Trustee’s Power to Adjust.

738.1041 - Total Return Unitrust.

738.105 - Judicial Control of Discretionary Powers.

738.201 - Determination and Distribution of Net Income.

738.202 - Distribution to Residuary and Remainder Beneficiaries.

738.301 - When Right to Income Begins and Ends.

738.302 - Apportionment of Receipts and Disbursements When Decedent Dies or Income Interest Begins.

738.303 - Apportionment When Income Interest Ends.

738.401 - Character of Receipts.

738.402 - Distribution From Trust or Estate.

738.403 - Business and Other Activities Conducted by Fiduciary.

738.501 - Principal Receipts.

738.502 - Rental Property.

738.503 - Obligation to Pay Money.

738.504 - Insurance Policies and Similar Contracts.

738.601 - Insubstantial Allocations Not Required.

738.602 - Payments From Deferred Compensation Plans, Annuities, and Retirement Plans or Accounts.

738.603 - Liquidating Asset.

738.604 - Minerals, Water, and Other Natural Resources.

738.605 - Timber.

738.606 - Property Not Productive of Income.

738.607 - Derivatives and Options.

738.608 - Asset-Backed Securities.

738.701 - Disbursements From Income.

738.702 - Disbursements From Principal.

738.703 - Transfers From Income to Principal for Depreciation.

738.704 - Transfers From Income to Reimburse Principal.

738.705 - Income Taxes.

738.706 - Adjustments Between Principal and Income Because of Taxes.

738.801 - Apportionment of Expenses; Improvements.

738.802 - Uniformity of Application and Construction.

738.803 - Severability.

738.804 - Application.