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Oregon Revised Statutes

Or. Rev. Stat. § 116.007 (2026)

Allocation of income

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      116.007 Allocation of income. (1) Unless the will otherwise provides and subject to subsection (2) of this section, all expenses incurred in connection with the settlement of a decedent’s estate, including debts, funeral expenses, estate taxes, interest and penalties concerning taxes, family allowances, fees of attorneys and personal representatives and court costs, shall be charged against the principal of the estate.

      (2) Unless the will otherwise provides, income from the assets of a decedent’s estate after the death of the testator and before distribution, including income from property used to discharge liabilities, shall be determined in accordance with the rules applicable to a trustee under ORS chapter 129 and this section and distributed as follows:

      (a) To specific legatees and devisees, the income from the property bequeathed or devised to them respectively, less taxes, ordinary repairs, and other expenses of management and operation of the property, and an appropriate portion of interest accrued since the death of the testator and of taxes imposed on income, excluding taxes on capital gains, that accrue during the period of administration.

      (b) To all other legatees and devisees, except legatees of pecuniary bequests that are not in trust and that do not qualify for the marital deduction provided for in section 2056 of the Internal Revenue Code (26 U.S.C. 2056), the balance of the income, less the balance of taxes, ordinary repairs, and other expenses of management and operation of all property from which the estate is entitled to income, interest accrued since the death of the testator, and taxes imposed on income, excluding taxes on capital gains, that accrue during the period of administration, in proportion to their respective interests in the undistributed assets of the estate computed at times of distribution on the basis of inventory value.

      (3) Income received by a trustee under subsection (2) of this section shall be treated as income of the trust. [1975 c.717 §15 (enacted in lieu of 116.003); 2003 c.279 §33; 2005 c.22 §94; 2007 c.71 §29]

 

      116.010 [Repealed by 1969 c.591 §305]

 

PARTIAL DISTRIBUTION

Notes of Decisions
Cited in 3 cases, 1977–2012 · leading case: Kirkeby v. Covenant House, 970 P.2d 241 (Or. Ct. App. 1998).
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Kirkeby v. Covenant House, 970 P.2d 241 (Or. Ct. App. 1998). · cites it 4× “ORS 116.007; Oregon Uniform Principal and Income Act, ORS ch 129.”
Bigsby v. Vogel, 273 P.3d 284 (Or. Ct. App. 2012). · cites it 4× “Specifically, appellants contend that the UPIA applies by virtue of ORS 116.007, which provides, in part: “(2) Unless the will otherwise provides, income from the assets of a decedent’s estate after the death of the testator and before distribution, including income from…”
Leppanen v. Barber, 564 P.2d 740 (Or. Ct. App. 1977). · cites it 2× “Immediately thereafter she objected to the personal representative, relying on ORS 116.007(2)(a) 1 and requested a proportionate share of *564 the income.”
Or. Rev. Stat. § 116.007(2): 2 cases
Bigsby v. Vogel, 273 P.3d 284 (Or. Ct. App. 2012). “Specifically, appellants contend that the UPIA applies by virtue of ORS 116.007, which provides, in part: “(2) Unless the will otherwise provides, income from the assets of a decedent’s estate after the death of the testator and before distribution, including income from…”
Kirkeby v. Covenant House, 970 P.2d 241 (Or. Ct. App. 1998). “ORS 116.007; Oregon Uniform Principal and Income Act, ORS ch 129.”
Or. Rev. Stat. § 116.007(2)(a): 1 case
Leppanen v. Barber, 564 P.2d 740 (Or. Ct. App. 1977). “Immediately thereafter she objected to the personal representative, relying on ORS 116.007(2)(a) 1 and requested a proportionate share of *564 the income.”
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