# ORS § 129.255: 129.255 UPIA 202. Distribution to residuary and remainder beneficiaries

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.255

## Section

- **Citation:** ORS § 129.255
- **Heading:** 129.255 UPIA 202. Distribution to residuary and remainder beneficiaries
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 13 / Chapter 129 / Section 129.255

## Text

(1) Each beneficiary described in ORS 129.250 (UPIA 201. Determination and distribution of net income) (4) 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 who 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 death or terminating event or earlier distribution date but has not distributed as of the current distribution date.

(2) In determining a beneficiary’s share of net income, the following rules apply:

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(3) If a fiduciary does not distribute all of the collected but undistributed net income to each person as of a distribution date, the fiduciary shall maintain appropriate records showing the interest of each beneficiary in that net income.

(4) A fiduciary may apply the rules in this section, to the extent that the fiduciary considers it appropriate, to net gain or loss realized after the date of death or terminating event or earlier distribution date from the disposition of a principal asset if this section applies to the income from the asset. [2003 c.279 §6]

Source: Section 129.255 — UPIA 202. Distribution to residuary and remainder beneficiaries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025).

## Nearby sections

- [ORS § 129.200 129.200 UPIA 101. Short title](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.200.md)
- [ORS § 129.205 129.205 UPIA 102. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.205.md)
- [ORS § 129.210 129.210 UPIA 103. Fiduciary duties](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.210.md)
- [ORS § 129.215 129.215 UPIA 104. Trustee’s power to adjust](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.215.md)
- [ORS § 129.220 129.220 UPIA 105. Judicial control of discretionary power](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.220.md)
- [ORS § 129.225 129.225 Conversion to unitrust](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.225.md)
- [ORS § 129.250 129.250 UPIA 201. Determination and distribution of net income](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.250.md)
- [ORS § 129.255 129.255 UPIA 202. Distribution to residuary and remainder beneficiaries](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.255.md)
- [ORS § 129.270 129.270 UPIA 301. When right to income begins and ends](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.270.md)
- [ORS § 129.275 129.275 UPIA 302. Apportionment of receipts and disbursements when decedent dies or income interest begins](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.275.md)
- [ORS § 129.280 129.280 UPIA 303. Apportionment when income interest ends](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.280.md)
- [ORS § 129.300 129.300 UPIA 401. Character of receipts](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.300.md)
- [ORS § 129.305 129.305 UPIA 402. Distribution from trust or estate](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.305.md)
- [ORS § 129.308 129.308 UPIA 403. Business and other activities conducted by trustee](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.308.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.255. Check the current official text before relying on it. Not legal advice.