How the Transition Works
When Arizona adopted Chapter 10 of Title 14, the Uniform Disclaimer of Property Interests Act, it replaced earlier disclaimer rules. That raised a practical question: what happens to property interests that were already in place before the new law took effect?
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existing on the effective date of this chapter as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after the effective date of this chapter.
A.R.S. § 14-10016The answer is straightforward. If you had a property interest or power before the new chapter took effect, and the clock on your disclaimer deadline had not run out, you can still disclaim under the current rules. The new law does not cut off rights that were already available to you.
Why This Matters for Estate Administration
Disclaimers are a valuable planning tool. A beneficiary who does not want or need an inheritance can disclaim it, allowing the asset to pass to the next person in line without triggering gift tax consequences. This statute makes sure that the switch to Arizona's updated disclaimer framework did not accidentally strip anyone of the ability to use that tool.
For families settling estates or administering trusts that were created before the current chapter took effect, this provision confirms that the updated disclaimer procedures apply. The key factor is timing: if the old deadline had not expired, the new rules govern.
