§ 31B‑2. Filing andregistering of renunciations; failure to file or register; spouse's interest.
(a) To be a qualifieddisclaimer for federal and State inheritance, estate, and gift tax purposes, aninstrument of renunciation shall be filed within the time period required underthe applicable federal statute for a renunciation to be given effect as adisclaimer for federal estate and gift tax purposes. If there is no suchfederal statute the instrument shall be filed not later than nine months afterthe date the transfer of the renounced interest to the person whose property orinterest is being renounced was complete for the purpose of such taxes.
(b) When a renunciationof real property or an interest in real property is made within the time periodrequired under subsection (a) of this section, the spouse of the person whoseproperty or interest is being renounced is not required to join in theexecution of the instrument of renunciation, and, as provided in G.S. 31B‑3(a)(1),the spouse has no statutory dower, inchoate marital rights, elective share, orany other marital interest in the real property or real property interestrenounced.
(c) The renunciation iseffective when filed with the clerk of court (i) in the county in which courtproceedings have been commenced for the administration of the estate of thedeceased owner or deceased creator of the power or holder of the power; or (ii)if proceedings have not been commenced, then in a county in which they could becommenced; or (iii) in all other cases, in a county with a court that hasjurisdiction to enforce the terms of the instrument creating the interestrenounced. In those cases in which an estate proceeding has not been commenced,the renunciation shall be filed as an estate matter. In addition to the aboverequirements, a renunciation of real property, or an interest therein, shall beregistered in accordance with the provisions of subsection (d) of this section.
(d) If real property oran interest therein is renounced, the instrument of renunciation shall also beregistered as provided in G.S. 47‑18 or G.S. 47‑20. The instrumentof renunciation shall be indexed in the grantor's index under (i) the name ofthe transferor or creator of the power or holder of the power, and (ii) thename of the person whose property or interest is being renounced. Failure tofile or register the instrument of renunciation does not affect theeffectiveness of the renunciation as between the person whose property orinterest is being renounced and persons to whom the property interest or powerpasses by reason of the renunciation; however, record title to a renouncedinterest in real property does not pass to persons receiving the renouncedinterest by reason of the renunciation until the instrument of renunciation isregistered as provided in G.S. 47‑18 or G.S. 47‑20.
(e) If an instrumenttransferring an interest in or right, privilege, power, or immunity overproperty subject to a renunciation is required or permitted by law to be filedor registered, the instrument of renunciation may be so filed or registered.Failure to file or register the instrument of renunciation does not affect theeffectiveness of the renunciation as between the person whose property orinterest is being renounced and persons to whom the property interest or powerpasses by reason of the renunciation. (1975, c. 371, s. 1; 1979, c. 525, s. 7; 1983, c. 66,s. 2; 1989, c. 684, s. 4; 1991, c. 744, s. 1; 1998‑148, s. 2; 2009‑48,s. 4.)
§ 31B‑2. Filing andregistering of renunciations; failure to file or register; spouse's interest.
(a) To be a qualifieddisclaimer for federal and State inheritance, estate, and gift tax purposes, aninstrument of renunciation shall be filed within the time period required underthe applicable federal statute for a renunciation to be given effect as adisclaimer for federal estate and gift tax purposes. If there is no suchfederal statute the instrument shall be filed not later than nine months afterthe date the transfer of the renounced interest to the person whose property orinterest is being renounced was complete for the purpose of such taxes.
(b) When a renunciationof real property or an interest in real property is made within the time periodrequired under subsection (a) of this section, the spouse of the person whoseproperty or interest is being renounced is not required to join in theexecution of the instrument of renunciation, and, as provided in G.S. 31B‑3(a)(1),the spouse has no statutory dower, inchoate marital rights, elective share, orany other marital interest in the real property or real property interestrenounced.
(c) The renunciation iseffective when filed with the clerk of court (i) in the county in which courtproceedings have been commenced for the administration of the estate of thedeceased owner or deceased creator of the power or holder of the power; or (ii)if proceedings have not been commenced, then in a county in which they could becommenced; or (iii) in all other cases, in a county with a court that hasjurisdiction to enforce the terms of the instrument creating the interestrenounced. In those cases in which an estate proceeding has not been commenced,the renunciation shall be filed as an estate matter. In addition to the aboverequirements, a renunciation of real property, or an interest therein, shall beregistered in accordance with the provisions of subsection (d) of this section.
(d) If real property oran interest therein is renounced, the instrument of renunciation shall also beregistered as provided in G.S. 47‑18 or G.S. 47‑20. The instrumentof renunciation shall be indexed in the grantor's index under (i) the name ofthe transferor or creator of the power or holder of the power, and (ii) thename of the person whose property or interest is being renounced. Failure tofile or register the instrument of renunciation does not affect theeffectiveness of the renunciation as between the person whose property orinterest is being renounced and persons to whom the property interest or powerpasses by reason of the renunciation; however, record title to a renouncedinterest in real property does not pass to persons receiving the renouncedinterest by reason of the renunciation until the instrument of renunciation isregistered as provided in G.S. 47‑18 or G.S. 47‑20.
(e) If an instrumenttransferring an interest in or right, privilege, power, or immunity overproperty subject to a renunciation is required or permitted by law to be filedor registered, the instrument of renunciation may be so filed or registered.Failure to file or register the instrument of renunciation does not affect theeffectiveness of the renunciation as between the person whose property orinterest is being renounced and persons to whom the property interest or powerpasses by reason of the renunciation. (1975, c. 371, s. 1; 1979, c. 525, s. 7; 1983, c. 66,s. 2; 1989, c. 684, s. 4; 1991, c. 744, s. 1; 1998‑148, s. 2; 2009‑48,s. 4.)
§ 31B‑2. Filing andregistering of renunciations; failure to file or register; spouse's interest.
(a) To be a qualifieddisclaimer for federal and State inheritance, estate, and gift tax purposes, aninstrument of renunciation shall be filed within the time period required underthe applicable federal statute for a renunciation to be given effect as adisclaimer for federal estate and gift tax purposes. If there is no suchfederal statute the instrument shall be filed not later than nine months afterthe date the transfer of the renounced interest to the person whose property orinterest is being renounced was complete for the purpose of such taxes.
(b) When a renunciationof real property or an interest in real property is made within the time periodrequired under subsection (a) of this section, the spouse of the person whoseproperty or interest is being renounced is not required to join in theexecution of the instrument of renunciation, and, as provided in G.S. 31B‑3(a)(1),the spouse has no statutory dower, inchoate marital rights, elective share, orany other marital interest in the real property or real property interestrenounced.
(c) The renunciation iseffective when filed with the clerk of court (i) in the county in which courtproceedings have been commenced for the administration of the estate of thedeceased owner or deceased creator of the power or holder of the power; or (ii)if proceedings have not been commenced, then in a county in which they could becommenced; or (iii) in all other cases, in a county with a court that hasjurisdiction to enforce the terms of the instrument creating the interestrenounced. In those cases in which an estate proceeding has not been commenced,the renunciation shall be filed as an estate matter. In addition to the aboverequirements, a renunciation of real property, or an interest therein, shall beregistered in accordance with the provisions of subsection (d) of this section.
(d) If real property oran interest therein is renounced, the instrument of renunciation shall also beregistered as provided in G.S. 47‑18 or G.S. 47‑20. The instrumentof renunciation shall be indexed in the grantor's index under (i) the name ofthe transferor or creator of the power or holder of the power, and (ii) thename of the person whose property or interest is being renounced. Failure tofile or register the instrument of renunciation does not affect theeffectiveness of the renunciation as between the person whose property orinterest is being renounced and persons to whom the property interest or powerpasses by reason of the renunciation; however, record title to a renouncedinterest in real property does not pass to persons receiving the renouncedinterest by reason of the renunciation until the instrument of renunciation isregistered as provided in G.S. 47‑18 or G.S. 47‑20.
(e) If an instrumenttransferring an interest in or right, privilege, power, or immunity overproperty subject to a renunciation is required or permitted by law to be filedor registered, the instrument of renunciation may be so filed or registered.Failure to file or register the instrument of renunciation does not affect theeffectiveness of the renunciation as between the person whose property orinterest is being renounced and persons to whom the property interest or powerpasses by reason of the renunciation. (1975, c. 371, s. 1; 1979, c. 525, s. 7; 1983, c. 66,s. 2; 1989, c. 684, s. 4; 1991, c. 744, s. 1; 1998‑148, s. 2; 2009‑48,s. 4.)
