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§ 61.503 — Delaware Law | CourtGPT
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  3. Delaware/
  4. Title 12 - Decedents' Estates and Fiduciary Relations/
  5. Chapter 61 - Delaware Uniform Principal and Income Actsub/
  6. Subchapter V - Allocation of Disbursements During Administration of Trust§ 61-501. Disbursements From Income/
  7. § 61.503
Delaware Legal Code

§ 61.503

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§§ 61-503. Transfers from income to principal for depreciation. (a) In this section, 'depreciation' means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a fixed asset having a useful life of more than 1 year. (b) A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation: (1) Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary; (2) During the administration of a decedent's estate; or (3) Under this section if the trustee is accounting under § 61-403 of this title for the business or activity in which the asset is used. (c) An amount transferred to principal need not be held as a separate fund.77 Del. Laws, c. 99, § 1;