Effective: January 1, 2007
Latest Legislation: House Bill 416 - 126th General Assembly
As used in sections 5812.01 to 5812.52 of the Revised Code:
(A) "Accounting period" means a calendar year unless another twelve-month period is selected by a fiduciary. "Accounting period" includes a portion of a calendar year or other twelve-month period that begins when an income interest begins or ends when an income interest ends.
(B) "Beneficiary" includes, in the case of a decedent's estate, an heir, legatee, and devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary.
(C) "Fiduciary" means a personal representative or a trustee. The term includes an executor, administrator, successor personal representative, special administrator, and a person performing substantially the same function.
(D) "Income" means money or property that a fiduciary receives as current return from a principal asset. "Income" includes a portion of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided in sections 5812.18 to 5812.38 of the Revised Code.
(E) "Income beneficiary" means a person to whom net income of a trust is or may be payable.
(F) "Income interest" means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require or authorize it to be distributed in the trustee's discretion.
(G) "Mandatory income interest" means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute.
(H) "Net income" means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under sections 5812.01 to 5812.52 of the Revised Code to or from income during the period.
(I) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
(J) "Principal" means property held in trust for distribution to a remainder beneficiary when the trust terminates.
(K) "Remainder beneficiary" means a person entitled to receive principal when an income interest ends.
(L) "Terms of a trust" means the manifestation of the intent of a settlor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct.
(M) "Trustee" includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court.
Structure Ohio Revised Code
Chapter 5812 | Uniform Principal and Income Act
Section 5812.01 | Uniform Principal and Income Act Definitions.
Section 5812.02 | Fiduciary Duties - General Principles.
Section 5812.03 | Trustee's Power to Adjust.
Section 5812.07 | Determination and Distribution of Net Income.
Section 5812.08 | Distribution to Residuary and Remainder Beneficiaries.
Section 5812.12 | When Right to Income Begins and Ends.
Section 5812.14 | Apportionment When Income Interest Ends.
Section 5812.18 | Character of Receipts.
Section 5812.19 | Distribution From Trust or Estate.
Section 5812.20 | Business and Other Activities Conducted by Trustee.
Section 5812.24 | Principal Receipts.
Section 5812.25 | Rental Property.
Section 5812.26 | Obligation to Pay Money.
Section 5812.27 | Insurance Policies and Similar Contracts.
Section 5812.31 | Insubstantial Allocations Not Required.
Section 5812.32 | Deferred Compensation, Annuities and Similar Payments.
Section 5812.33 | Liquidating Asset.
Section 5812.34 | Minerals, Water and Other Natural Resources.
Section 5812.36 | Property Not Productive of Income.
Section 5812.37 | Derivatives and Options.
Section 5812.38 | Asset-Backed Securities.
Section 5812.42 | Disbursements From Income.
Section 5812.43 | Disbursements From Principal.
Section 5812.44 | Transfers From Income to Principal for Depreciation.
Section 5812.45 | Transfers From Income to Reimburse Principal.
Section 5812.46 | Income Taxes.
Section 5812.47 | Adjustments Between Principal and Income Because of Taxes.
Section 5812.51 | Citing Chapter.
Section 5812.52 | Application to Existing Trusts and Estates.