A fiduciary shall allocate to principal:

(1) to the extent not allocated to income under this chapter, an asset received from:

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Terms Used In Utah Code 22-3-404

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Contract: A legal written agreement that becomes binding when signed.
  • Fiduciary: A trustee, executor, or administrator.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
     (1)(a) an individual during the individual’s lifetime;
     (1)(b) an estate;
     (1)(c) a trust on termination of an income interest; or
     (1)(d) a payor under a contract naming the fiduciary as beneficiary;
(2) except as otherwise provided in this part, money or other property received from the sale, exchange, liquidation, or change in form of a principal asset;
(3) an amount recovered from a third party to reimburse the fiduciary because of a disbursement described in Subsection 22-3-502(1) or for another reason to the extent not based on 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 accounting period;
(5) net income received in an accounting period during which there is no beneficiary to which a fiduciary is permitted or required to distribute income; and
(6) other receipts as provided in Part 3, Unitrust.