14-10012. Delivery or filing;
definition


A. Subject to subsections B through K, delivery of a disclaimer may be effected by
personal delivery, first class mail or any other method likely to result in its receipt.


B. In the case of an interest created under the law of intestate succession or an
interest created by will, other than an interest in a testamentary trust:


1. A disclaimer must be delivered to the personal representative of the decedent's
estate.


2. If no personal representative is then serving, it must be filed with a court
having jurisdiction to appoint the personal representative.


C. In the case of an interest in a testamentary trust:


1. A disclaimer must be delivered to the trustee then serving, or if no trustee is
then serving, to the personal representative of the decedent's estate.


2. If no personal representative is then serving, it must be filed with a court
having jurisdiction to enforce the trust.


D. In the case of an interest in an inter vivos trust:


1. A disclaimer must be delivered to the trustee then surviving.


2. If no trustee is then serving, it must be filed with a court having jurisdiction
to enforce the trust.


3. If the disclaimer is made before the time the instrument creating the trust
becomes irrevocable, it must be delivered to the settlor of a revocable trust or the
transferor of the interest.


E. In the case of an interest created by a beneficiary designation made before the
time the designation becomes irrevocable, a disclaimer must be delivered to the person
making the beneficiary designation.


F. In the case of an interest created by a beneficiary designation made after the
time the designation becomes irrevocable, a disclaimer must be delivered to the person
obligated to distribute the interest.


G. In the case of a disclaimer by a surviving holder of jointly held property, the
disclaimer must be delivered to the person to whom the disclaimed interest passes.


H. In the case of a disclaimer by an object or taker in default of exercise of a
power of appointment at any time after the power was created:


1. The disclaimer must be delivered to the holder of the power or to the fiduciary
acting under the instrument that created the power.


2. If no fiduciary is then serving, it must be filed with a court having authority
to appoint the fiduciary.


I. In the case of a disclaimer by an appointee of a nonfiduciary power of
appointment:


1. The disclaimer must be delivered to the holder, to the personal representative
of the holder's estate or to the fiduciary under the instrument that created the power.


2. If no fiduciary is then serving, it must be filed with a court having authority
to appoint the fiduciary.


J. In the case of a disclaimer by a fiduciary of a power over a trust or estate,
the disclaimer must be delivered as provided in subsection B, C or D as if the power
disclaimed were an interest in property.


K. In the case of a disclaimer of a power by an agent, the disclaimer must be
delivered to the principal or the principal's representative.


L. For the purposes of this section, "beneficiary designation" means an instrument,
other than an instrument creating a trust, naming the beneficiary of any of the
following:


1. An annuity or insurance policy.


2. An account with a designation for payment on death.


3. A security registered in beneficiary form.


4. A pension, profit sharing retirement or other employment related benefits plan.


5. Any other nonprobate transfer at death.