Delivery Depends on the Type of Interest
Filing a disclaimer is not as simple as mailing a letter to anyone. The law requires delivery to a specific person or entity. Get it wrong, and the disclaimer may not be valid.
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.
A.R.S. § 14-10012(B)For interests in a testamentary trust, the disclaimer goes to the trustee. For living trust interests, it also goes to the serving trustee.
If no trustee is serving, you must file it with the court. For revocable trusts disclaimed before they become irrevocable, delivery goes to the settlor.
Beneficiary Designations and Joint Property
Retirement accounts, life insurance policies, and payable-on-death accounts follow their own rules. If the designation has not yet become irrevocable, the disclaimer goes to the person who made it.
If the designation has become irrevocable, you deliver it to whoever must distribute the interest. For jointly held property, a surviving holder delivers the disclaimer to the person who would receive it.
The statute defines "beneficiary designation" broadly. It includes annuities, insurance policies, retirement plans, and any other nonprobate transfer at death.