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A.R.S. § 14-10016

Disclaimers and Existing Property Interests

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

You can still disclaim a property interest that existed before the current law took effect. The new rules apply as long as your old deadline had not yet passed.

Title 14, UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT

azleg.gov

How the Transition Works

Chapter 10 of Title 14 replaced earlier disclaimer rules. This raised a key question: what happens to property interests already in place?

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existing on the effective date of this chapter as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after the effective date of this chapter.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. § 14-10016

The answer is simple. If your disclaimer deadline had not run out, you can still disclaim under the current rules.

This means the new law does not cut off rights that were already open to you. The old deadline is what matters.

Why Disclaimers Matter for Estate Planning

Disclaimers are a useful planning tool. A beneficiary who does not want an inheritance can disclaim it.

As a result, the asset passes to the next person in line. This avoids gift tax issues.

This rule confirms the updated procedures apply to older trusts and estates. The key factor is timing: if the old deadline had not expired, the new rules govern.

For example, a beneficiary may receive property that would create tax problems. By disclaiming, the beneficiary steps aside and the asset moves to the next person named in the will or trust.

This can protect family wealth across generations. No extra legal documents are needed.

If a trust or will was created years ago, the right to disclaim still exists. This gives families the freedom to make choices that fit their current needs.

14-10016. Application to existing relationships 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existing on the effective date of this chapter as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after the effective date of this chapter.

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.

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