Skip to main content
Skip to explanation
A.R.S. § 14-10002

Disclaimer Act: Key Definitions

Verified April 4, 202657th Legislature, 1st Regular Session

This section defines the five key terms used throughout the disclaimer law. Understanding what a disclaimant, disclaimed interest, disclaimer, fiduciary, and jointly held property mean is essential. These definitions apply to anyone considering whether to refuse an inheritance or property interest.

Title 14, UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT

azleg.gov

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.

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. "Fiduciary" means a personal representative, a trustee, an agent acting under a power of attorney or any other person who is authorized to act as a fiduciary with respect to the property of another person. 5. "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.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

Get Started Today

Need Help With Your Estate Plan?

Whether you are just getting started or reviewing an existing plan, RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.

(480) 346-3570