Ohio Code § 5812.35
Ohio Code § 5812.35. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 5812.35.
(A) To the extent that a trustee accounts for receipts from the sale of timber and related
products pursuant to this section, the trustee shall allocate the net receipts in
accordance with all of the following: (1) To income, to the extent that the amount of timber removed from the land does not
exceed the rate of growth of the timber during the accounting periods in which a beneficiary
has a mandatory income interest; (2) To principal, to the extent that the amount of timber removed from the land exceeds
the rate of growth of the timber or the net receipts are from the sale of standing
timber; (3) To or between income and principal, if the net receipts are from the lease of timberland
or from a contract to cut timber from land owned by a trust, by determining the amount
of timber removed from the land under the lease or contract and applying divisions
(A)(1) and (2) of this section; (4) To principal, to the extent that advance payments, bonuses, and other payments are
not allocated pursuant to division (A)(1), (2), or (3) of this section. (B) In determining net receipts to be allocated pursuant to division (A) of this section,
a trustee shall deduct and transfer to principal a reasonable amount for depletion. (C) This section applies whether or not a decedent or transferor was harvesting timber
from the property before it became subject to the trust. (D) If a trust owns an interest in timberland on January 1, 2003, the trustee may allocate
net receipts from the sale of timber and related products as provided in this section
or in the manner used by the trustee before that date. If the trust acquires an interest in timberland after January 1, 2003, the trustee
shall allocate net receipts from the sale of timber and related products as provided
in this section.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 5812.35
- 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 § 5812.35?
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 § 5812.35 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 § 5812.35 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.