(302) Apportionment of receipts and disbursements when decedent dies or income interest begins
N.D. Cent. Code § 59-04.2-07
in effect59-04.2-07. (302) Apportionment of receipts and disbursements when decedent dies
or income interest begins.
1. A trustee shall allocate an income receipt or disbursement other than one to which
subsection 1 of section 59-04.2-04 applies to principal if its due date occurs before a
decedent dies in the case of an estate or before an income interest begins in the case
of a trust or successive income interest.
2. A trustee shall allocate an income receipt or disbursement to income if its due date
occurs on or after the date on which a decedent dies or an income interest begins and
it is a periodic due date. An income receipt or disbursement must be treated as
accruing from day to day if its due date is not periodic or it has no due date. The
portion of the receipt or disbursement accruing before the date on which a decedent
dies or an income interest begins must be allocated to principal and the balance must
be allocated to income.
3. An item of income or an obligation is due on the date the payer is required to make a
payment. If a payment date is not stated, there is no due date for the purposes of this
chapter. Distributions to shareholders or other owners from an entity to which section
59-04.2-09 applies are deemed to be due on the date fixed by the entity for
determining who is entitled to receive the distribution or, if no date is fixed, on the
declaration date for the distribution. A due date is periodic for receipts or
disbursements that must be paid at regular intervals under a lease or an obligation to
pay interest or if an entity customarily makes distributions at regular intervals.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t59c04-2.pdf#nameddest=59-04p2-07Fetched: 10/16/2026