USA Statutes : arizona
Title : Trusts, Estates and Protective Proceedings
Chapter : UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT
14-10001 Short title
This chapter may be cited as the ARIZONA uniform disclaimer of property interests
act. 14-10002 Definitions
In this chapter, unless the context otherwise requires:
1. "Disclaimant" means the person to whom a disclaimed interest or power would have
passed had the disclaimer not been made.
2. "Disclaimed interest" means the interest that would have passed to the
disclaimant had the disclaimer not been made.
3. "Disclaimer" means the refusal to accept an interest in or power over property.
4. "Jointly held property" means property held in the name of two or more persons
under an arrangement in which all holders have concurrent interests and under which the
last surviving holder is entitled to the whole of the property.


14-10003 Scope of chapter
This chapter applies to disclaimers of any interest in or power over property,
whenever created. 14-10004 Chapter supplemented by other law
A. Unless displaced by this chapter, the principles of law and equity supplement
this chapter.
B. This chapter does not limit any right of a person to waive, release, disclaim or
renounce an interest in or power over property under a law other than this chapter. 14-10005 Power to disclaim; general requirements; when irrevocable
A. A person may disclaim, in whole or in part, any interest in or power over
property, including a power of appointment. A person may disclaim the interest or power
even if its creator imposed a spendthrift provision or similar restriction on transfer or
a restriction or limitation on the right to disclaim.
B. Except to the extent a fiduciary's right to disclaim is expressly restricted or
limited by another statute of this state or by the instrument creating the fiduciary
relationship, a fiduciary may disclaim, in whole or in part, any interest in or power
over property, including a power of appointment, whether acting in a personal or
representative capacity. A fiduciary may disclaim the interest or power even if its
creator imposed a spendthrift provision or similar restriction on transfer or restriction
or limitation on the right to disclaim, or if an instrument other than the instrument
that created the fiduciary relationship imposed a restriction or limitation on the right
to disclaim.
C. To be effective, a disclaimer must be in a writing or other record, declare the
disclaimer, describe the interest or power disclaimed, be signed by the person making the
disclaimer and be delivered or filed in the manner provided in section 14-10012. For the
purposes of this subsection:
1. "Record" means information that is inscribed on a tangible medium or that is
stored in an electronic or other medium and is retrievable in perceivable form.
2. "Signed" means, with present intent to authenticate or adopt a record, to
execute or adopt a tangible symbol or to attach to or logically associate with the record
an electronic sound, symbol or process.
D. A partial disclaimer may be expressed as a fraction, a percentage, a monetary
amount, a term of years, a limitation of a power or any other interest or estate in the
property.
E. A disclaimer becomes irrevocable when it is delivered or filed pursuant to
section 14-10012 or when it becomes effective as provided in sections 14-10006 through
14-10011, whichever occurs later.
F. A disclaimer made under this chapter is not a transfer, assignment or release. 14-10006 Disclaimer of interest in property; definitions
A. Except for a disclaimer governed by section 14-10007 or 14-10008, the following
rules apply to a disclaimer of an interest in property:
1. The disclaimer takes effect as of the time the instrument creating the interest
becomes irrevocable or, if the interest arose under the laws of intestate succession, as
of the time of the intestate's death.
2. The disclaimed interest passes according to any provision in the instrument
creating the interest providing for the disposition of the interest, should it be
disclaimed, or of disclaimed interests in general.
3. If the instrument does not contain a provision described in paragraph 2 of this
subsection:
(a) If the disclaimant is an individual, the disclaimed interest passes as if the
disclaimant had died immediately before the time of distribution. However, if, by law or
under the instrument, the descendants of the disclaimant would share in the disclaimed
interest by any method of representation had the disclaimant died before the time of
distribution, the disclaimed interest passes only to the descendants of the disclaimant
who survive the time of distribution.
(b) If the disclaimant is not an individual, the disclaimed interest passes as if
the disclaimant did not exist.
4. On the disclaimer of a preceding interest, a future interest held by a person
other than the disclaimant takes effect as if the disclaimant had died or ceased to exist
immediately before the time of distribution, but a future interest held by the
disclaimant is not accelerated in possession or enjoyment.
B. For the purposes of this section:
1. "Future interest" means an interest that takes effect in possession or
enjoyment, if at all, later than the time of its creation.
2. "Time of distribution" means the time when a disclaimed interest would have
taken effect in possession or enjoyment. 14-10007 Disclaimer of rights of survivorship in jointly held property
A. On the death of a holder of jointly held property, a surviving holder may
disclaim, in whole or in part, the greater of either:
1. A fractional share of the property determined by dividing the number one by the
number of joint holders alive immediately before the death of the holder to whose death
the disclaimer relates.
2. All of the property except that part of the value of the entire interest
attributable to the contribution furnished by the disclaimant.
B. A disclaimer under subsection A takes effect as of the death of the holder of
jointly held property to whose death the disclaimer relates.
C. An interest in jointly held property disclaimed by a surviving holder of the
property passes as if the disclaimant predeceased the holder to whose death the
disclaimer relates. 14-10008 Disclaimer of interest by trustee If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property. 14-10009 Disclaimer of power of appointment or other power not held in fiduciary capacity
If a holder disclaims a power of appointment or other power not held in a fiduciary
capacity, the following rules apply:
1. If the holder has not exercised the power, the disclaimer takes effect as of the
time the instrument creating the power becomes irrevocable.
2. If the holder has exercised the power and the disclaimer is of a power other
than a presently exercisable general power of appointment, the disclaimer takes effect
immediately after the last exercise of the power.
3. The instrument creating the power is construed as if the power expired when the
disclaimer became effective. 14-10010 Disclaimer by appointee, object or taker in default of exercise of power of appointment
A. A disclaimer of an interest in property by an appointee of a power of
appointment takes effect as of the time the instrument by which the holder exercises the
power becomes irrevocable.
B. A disclaimer of an interest in property by an object or taker in default of an
exercise of a power of appointment takes effect as of the time the instrument creating
the power becomes irrevocable. 14-10011 Disclaimer of power held in fiduciary capacity
A. If a fiduciary disclaims a power held in a fiduciary capacity that has not been
exercised, the disclaimer takes effect as of the time the instrument creating the power
becomes irrevocable.
B. If a fiduciary disclaims a power held in a fiduciary capacity that has been
exercised, the disclaimer takes effect immediately after the last exercise of the power.
C. A disclaimer under this section is effective as to another fiduciary if the
disclaimer so provides and the fiduciary disclaiming has the authority to bind the
estate, trust or other person for whom the fiduciary is acting. 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. 14-10013 When disclaimer barred or limited
A. A disclaimer is barred by a written waiver of the right to disclaim.
B. A disclaimer of an interest in property is barred if any of the following events
occurs before the disclaimer becomes effective:
1. The disclaimant accepts the interest sought to be disclaimed.
2. The disclaimant voluntarily assigns, conveys, encumbers, pledges or transfers
the interest sought to be disclaimed or contracts to do so.
3. A judicial sale of the interest sought to be disclaimed occurs.
C. A disclaimer, in whole or in part, of the future exercise of a power held in a
fiduciary capacity is not barred by its previous exercise.
D. A disclaimer, in whole or in part, of the future exercise of a power not held in
a fiduciary capacity is not barred by its previous exercise unless the power is
exercisable in favor of the disclaimant.
E. A disclaimer is barred or limited if so provided by law other than this chapter.
F. A disclaimer of a power over property that is barred by this section is
ineffective. A disclaimer of an interest in property that is barred by this section takes
effect as a transfer of the interest disclaimed to the person who would have taken the
interest under this chapter had the disclaimer not been barred. 14-10014 Tax qualified disclaimer
Notwithstanding any other provision of this chapter, if as a result of a disclaimer
or transfer the disclaimed or transferred interest is treated, pursuant to the internal
revenue code as defined in section 43-105 and rules adopted pursuant to that section, as
never having been transferred to the disclaimant, the disclaimer or transfer is effective
as a disclaimer under this chapter. 14-10015 Recording of disclaimer
If an instrument transferring an interest in or power over property subject to a
disclaimer is required or permitted by law to be filed, recorded or registered, the
disclaimer may be so filed, recorded or registered. Failure to file, record or register
the disclaimer does not affect its validity as between the disclaimant and person to whom
the property interest or power passes by reason of the disclaimer. 14-10016 Application to existing relationships
Except as otherwise provided in section 14-10013, an interest in or power over
property existing on the effective date of this chapter as to which the time for
delivering or filing a disclaimer under law superseded by this chapter has not expired
may be disclaimed after the effective date of this chapter. 14-10017 Relation to electronic signatures in global and national commerce act
This chapter modifies, limits and supersedes the federal electronic signatures in
global and national commerce act (P.L. 106-229; 114 Stat. 464; 15 United States Code
sections 7001 through 7006) but does not modify, limit or supersede section 101(c) of
that act (15 United States Code section 7001(c)) or authorize electronic delivery of any
of the notices described in section 103(b) of that act (15 United States Code section
7003(b)).

14-10018 Uniformity of application and construction
In applying and construing this chapter, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among states that enact
the uniform disclaimer of property interests act and to the comments adopted by the
national conference of commissioners on uniform state laws with respect to the uniform
disclaimer of property interests act.