The Five Terms That Shape Disclaimer Law
The Uniform Disclaimer of Property Interests Act uses precise legal definitions so the rules apply consistently. This section lays out five core terms that appear throughout the chapter.
"Disclaimer" means the refusal to accept an interest in or power over property.
A.R.S. § 14-10002(3)A disclaimer is simply a formal refusal. When a person disclaims, they are saying they do not accept this property interest. The law then treats the disclaimed interest as though it never belonged to them.
The "disclaimant" is the person to whom the interest would have passed. If the disclaimant had died before the transfer, the property would move to the next person in line. The same principle applies when descendants of the disclaimant would share in the distribution. Understanding who the disclaimant is and what the disclaimant would share is essential for tracing where the property ends up.
Fiduciaries and Jointly Held Property
The statute also defines "fiduciary" broadly. It covers personal representatives, trustees, agents acting under a power of attorney, and any other person authorized to manage property. An instrument creating the fiduciary role determines the scope of that authority. This means a fiduciary can disclaim on behalf of the person they represent.
"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.
A.R.S. § 14-10002(5)This definition covers joint tenancy and similar arrangements where survivorship is built in. Knowing how jointly held property fits into the disclaimer framework helps families understand interests in general and when a disclaimer can redirect assets.