Title 53, Chapter 4, Section 74
( 53-4-74)
(a) As used in this Code section, the term "marital deduction
testamentary gift or transfer" means a testamentary gift or transfer
of assets, including cash, which qualifies for the federal estate
tax marital deduction. (b) Where a will or trust agreement authorizes or requires an
executor, administrator, or trustee to satisfy a pecuniary marital
deduction testamentary gift or transfer wholly or partly by a
distribution of assets in kind at values which are finally
determined for federal estate tax purposes or at values which are
determined by reference to such federal estate tax valuation, the
executor, administrator, or trustee, in satisfaction of the
pecuniary marital deduction bequest or transfer, shall distribute
assets, including cash, which shall have an aggregate fair market
value fairly representative of the distributee's proportionate share
of the appreciation or depreciation, from the date or dates of
federal estate tax valuation to the date or dates of distribution in
satisfaction of the pecuniary marital deduction bequest or transfer. |