Skip to main content
Skip to explanation
A.R.S. § 14-10012

Delivering or Filing a Disclaimer

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

A disclaimer is not effective until it reaches the right person. The law states where and to whom you must deliver it. The rules change based on the type of property interest being refused.

Title 14, UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT

azleg.gov

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.

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 exe...

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