Ohio Code § 5812.08
Ohio Code § 5812.08. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 5812.08.
(A) Each beneficiary described in division (D) of section 5812.07 of the Revised Code is entitled to receive a portion of the net income equal to the beneficiary's fractional
interest in undistributed principal assets, using values as of the distribution date. If a fiduciary makes more than one distribution of assets to beneficiaries to whom
this section applies, each beneficiary, including one that does not receive part of
the distribution, is entitled, as of each distribution date, to the net income the
fiduciary has received after the date of the decedent's death or terminating event
or earlier distribution date but has not distributed as of the current distribution
date. (B) In determining a beneficiary's share of net income for the purpose of this section,
all of the following apply: (1) The beneficiary is entitled to receive a portion of the net income equal to the beneficiary's
fractional interest in the undistributed principal assets immediately before the distribution
date, including assets that later may be sold to meet principal obligations. (2) The beneficiary's fractional interest in the undistributed principal assets must
be calculated without regard to property specifically given to a beneficiary and property
required to pay pecuniary amounts not in trust. (3) The beneficiary's fractional interest in the undistributed principal assets must
be calculated on the basis of the aggregate value of those assets as of the distribution
date without reducing the value by any unpaid principal obligation. (4) The distribution date for purposes of this section may be the date as of which the
fiduciary calculates the value of the assets if that date is reasonably near the date
on which assets are actually distributed. (C) If a fiduciary does not distribute all of the collected but undistributed net income
described in divisions (A) and (B) of this section to each person as of a distribution
date, the fiduciary shall maintain appropriate records showing the interest of each. (D) To the extent that a fiduciary considers it appropriate, the fiduciary may apply
the provisions of divisions (A) to (C) of this section to any net gain or loss, realized
after the date of the decedent's death or an income interest termination or earlier
distribution date, from the disposition of a principal asset to which such provisions
apply.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 5812.08
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
What is the source of Ohio Revised Code § 5812.08?
The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 5812.08 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 5812.08 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
Can this page be used as legal advice?
No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.