Idaho State Statutes - Idaho Attorney Directory

SATISFACTION OF PECUNIARY DEVISES OR TRANSFERS BY DISTRIBUTION
IN KIND. (1) Whenever a personal representative or a trustee satisfies a
pecuniary devise or transfer in trust by a distribution in kind with assets at
their value for federal estate tax purposes, such fiduciary, in order to
implement such a devise or transfer in trust, must, unless the governing
instrument provides otherwise, distribute assets, including cash, fairly
representative of appreciation or depreciation in all of the property so
available for distribution in satisfaction of such pecuniary devise or
transfer.
[(2)](b) Subsection (1) of this section is not intended to imply that the
present law of this state, relating to selection of assets by fiduciaries in
the circumstances herein described, has been otherwise than as set forth
herein, but is a statement of the fiduciary principles applicable to such
fiduciaries.

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