(1) To the extent that apportionment of an estate tax is not controlled by an instrument described in section 15-121403, and except as otherwise provided for in sections 15-12-1406 and 15-12-1407, the following rules apply:
Subject to paragraphs (b) to (d) of this subsection (1), the estate tax shall be apportioned ratably to each person that has an interest in the apportionable estate.
A generation-skipping transfer tax incurred on a direct skip taking effect at deathshall be charged to the person to which the interest in property is transferred.
If property is included in the decedent's gross estate because of section 2044 of theinternal revenue code of 1986, as amended, or any similar estate tax provision, the difference between the total estate tax for which the decedent's estate is liable and the amount of estate tax for which the decedent's estate would have been liable if the property had not been included in the decedent's gross estate shall be apportioned ratably among the holders of interests in the property. The balance of the tax, if any, shall be apportioned ratably to each other person having an interest in the apportionable estate.
Except as otherwise provided for in section 15-12-1403 (2)(d), and except as to property to which section 15-12-1407 applies, an estate tax apportioned to persons holding interests in property subject to a time-limited interest shall be apportioned, without further apportionment, to the principal of that property.
Source: L. 2011: Entire part added, (SB 11-165), ch. 184, p. 703, § 1, effective August 10.