This form is a Renunciation and Disclaimer of Property acquired by the beneficiary through the last will and testament of the decedent. The beneficiary has gained an interest in the described property of the decedent. Pursuant to the Colorado Revised Statutes, Title 15, Art. 11, Part 8, the beneficiary wishes to disclaim a portion of the property or the entire interest in the property. The disclaimer will relate back to the date of the death of the decedent and will be an irrevocable refusal to accept the property. The form also contains a state specific acknowledgment and a certificate to verify delivery.
We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use.
Click "here" to read our Cookie Policy. By clicking "Accept" you agree to the use of cookies. Read less
Read more
- US Legal Forms
-
Colorado Renunciation And Disclaimer of Property from Will by Testate
Property Will Fillable
State:
Colorado
Control #:
CO-01-03
Format:
Word;
Rich Text
Instant download
Description Property Will Pdf
Free preview Disclaimer Will Fillable
Property Will Draft Related forms
View Name Change Notification Form
View Name Change Notification Form
View this form
View Name Change Notification Package for Brides, Court Ordered Name Change, Divorced, Marriage
View Name Change Notification Package for Brides, Court Ordered Name Change, Divorced, Marriage
View this form
View New Jersey Horse Equine Forms Package
View New Jersey Horse Equine Forms Package
View this form
View Commercial Building or Space Lease
View Commercial Building or Space Lease
View this form
View Fact Sheet On Application For Emergent Relief
View Fact Sheet On Application For Emergent Relief
View this form
How to fill out Property Will Blank?
1. Required information to complete the form:
- Personal information of the person renouncing or disclaiming the property
- Personal information of the deceased person whose will is being renounced or disclaimed
- Description of the property being renounced or disclaimed
- Signatures of the person renouncing or disclaiming and a witness
2. It is not possible to fill out the form online for free. However, on US Legal Forms site, users can find up-to-date lawyer-approved, state-specific form templates for Colorado Renunciation and Disclaimer of Property from Will by Testate. These forms can be completed or downloaded in Word, PDF, and RTF formats.
3. To access a form on US Legal Forms, users will need to register and purchase a Basic or Premium subscription on a monthly or annual basis. This subscription will give users unlimited access to all forms on the site, as well as updates and customer support.
By following these steps and using the resources available on US Legal Forms, users can easily prepare a Colorado Renunciation and Disclaimer of Property from Will by Testate form.
- Personal information of the person renouncing or disclaiming the property
- Personal information of the deceased person whose will is being renounced or disclaimed
- Description of the property being renounced or disclaimed
- Signatures of the person renouncing or disclaiming and a witness
2. It is not possible to fill out the form online for free. However, on US Legal Forms site, users can find up-to-date lawyer-approved, state-specific form templates for Colorado Renunciation and Disclaimer of Property from Will by Testate. These forms can be completed or downloaded in Word, PDF, and RTF formats.
3. To access a form on US Legal Forms, users will need to register and purchase a Basic or Premium subscription on a monthly or annual basis. This subscription will give users unlimited access to all forms on the site, as well as updates and customer support.
By following these steps and using the resources available on US Legal Forms, users can easily prepare a Colorado Renunciation and Disclaimer of Property from Will by Testate form.
Disclaimer Property Template Form Rating
4.58
Satisfied(498)
Disclaimer Property Form Form popularity
Disclaimer Of Inheritance Form Other Form Names
Disclaimer Property
Disclaimer Will Online
Renunciation Property
Property Will Paper
Property Disclaim Colorado
Disclaimer Will Print
Disclaimer Will Statement
Disclaimer Will Fill FAQ
Disclaim Inheritance, DefinitionDisclaiming means that you give up your rights to receive the inheritance. If you choose to do so, whatever assets you were meant to receive would be passed along to the next beneficiary in line.
Put the disclaimer in writing. Deliver the disclaimer to the person in control of the estate usually the executor or trustee. Complete the disclaimer within nine months of the death of the person leaving the property. Do not accept any benefit from the property you're disclaiming.
The beneficiary can disclaim only a portion of an inherited IRA or asset, allowing some to flow to the contingent beneficiary(s). Partial disclaiming is either a specific dollar or percentage amount as of the date of death.The balance will go to the next beneficiary(s).
Put the disclaimer in writing. Deliver the disclaimer to the person in control of the estate usually the executor or trustee. Complete the disclaimer within nine months of the death of the person leaving the property.
The deadline can be anywhere from three to nine months, depending on state law, but it can run simultaneously with the inventory period in some states. The executor is then granted another period of time to decide whether claims are valid and whether they should or should not be paid.
If you refuse to accept an inheritance, you will not be responsible for inheritance taxes, but you'll have no say in who receives the assets in your place. The bequest passes either to the contingent beneficiary listed in the will or, if that person died without a will, according to your state's laws of intestacy.
The answer is yes. The technical term is "disclaiming" it. If you are considering disclaiming an inheritance, you need to understand the effect of your refusalknown as the "disclaimer"and the procedure you must follow to ensure that it is considered qualified under federal and state law.
Disclaim the asset within nine months of the death of the assets' original owner (one exception: if a minor beneficiary wishes to disclaim, the disclaimer cannot take place until after the minor reaches the age of majority, at which time they will have nine months to disclaim the assets).
Yes, a fiduciary can disclaim an interest in property if the will, trust or power of attorney gives the fiduciary that authority or if the appropriate probate court authorizes the disclaimer.The primary reason an executor or trustee might disclaim property passing to an estate or trust is to save death taxes.
Disclaimer Property Fillable Trusted and secure by over 3 million people of the world’s leading companies
Property Will Fillable
Change state
To change the state, select it from the list below and press Change state.
Changing the state redirects you to another page.
Colorado
Change state
-
No results found.
-
Colorado
-
Alabama
-
Alaska
-
Arizona
-
Arkansas
-
California
-
Connecticut
-
Delaware
-
District of Columbia
-
Florida
-
Georgia
-
Hawaii
-
Idaho
-
Illinois
-
Indiana
-
Iowa
-
Kansas
-
Kentucky
-
Maine
-
Maryland
-
Mississippi
-
Montana
-
Nebraska
-
Nevada
-
New Jersey
-
New Mexico
-
New York
-
North Carolina
-
North Dakota
-
Ohio
-
Oklahoma
-
Oregon
-
Pennsylvania
-
Rhode Island
-
South Carolina
-
South Dakota
-
Tennessee
-
Texas
-
Utah
-
Vermont
-
Washington
-
West Virginia
-
Wisconsin
Law summary
Colorado Renunciation And Disclaimer of Property from Will by Testate
Colorado Revised Statutes
Title 15 - Probate, Trusts, & Fiduciaries
Art. 11. Intestate Succession and Wills
PART 8 GENERAL PROVISIONS CONCERNING PROBATE AND NONPROBATE TRANSFERS
Disclaimer of property interests.
(1) Right to disclaim interest in property. A person, or the representative of a person, to whom an interest in or with respect to property or an interest therein devolves by whatever means may disclaim it in whole or in part by delivering or filing a written disclaimer under this section. The right to disclaim exists notwithstanding (i) any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction or (ii) any restriction or limitation on the right to disclaim contained in the governing instrument. For purposes of this subsection (1), the "representative of a person" includes a personal representative of a decedent, a conservator of a protected person, an agent acting on behalf of that person within the express authority of a power of attorney, and any other fiduciary acting on behalf of the person.
(2) Time of disclaimer. The following rules govern the time when a disclaimer shall be filed or delivered:
(a) If the property or interest has devolved to the disclaimant under a testamentary instrument or by the laws of intestacy, the disclaimer shall be filed, if of a present interest, not later than nine months after the death of the deceased owner or deceased donee of a power of appointment and, if of a future interest, not later than nine months after the event determining that the taker of the property or interest is finally ascertained and his or her interest is indefeasibly vested. If the disclaimant does not have actual knowledge of the existence of the interest, such disclaimer shall be filed not later than nine months after the disclaimant has actual knowledge of the existence of the interest. The disclaimer shall be filed in the court of the county in which proceedings for the administration of the estate of the deceased owner or deceased donee of the power are pending or where they would be pending if commenced. A copy of the disclaimer shall be delivered or mailed to any personal representative or other fiduciary of the decedent or donee of the power.
(b) If a property or interest has devolved to the disclaimant under a nontestamentary instrument or contract, the disclaimer shall be delivered or filed, if of a present interest, not later than nine months after the effective date of the nontestamentary instrument or contract and, if of a future interest, not later than nine months after the event determining that the taker of the property or interest is finally ascertained and his or her interest is indefeasibly vested. If the person entitled to disclaim does not have actual knowledge of the existence of the interest, the disclaimer shall be delivered or filed not later than nine months after the person learns of the existence of the interest. The effective date of a revocable instrument or contract is the date on which the maker no longer has power to revoke it or to transfer to himself or herself or another the entire legal and equitable ownership of the interest. The disclaimer or a copy thereof shall be delivered in person or mailed by registered or certified mail, return receipt requested, to the person who has legal title to or possession of the interest disclaimed, or is entitled thereto in the event of the disclaimer.
(c) A surviving joint tenant may disclaim the entire interest or any portion thereof in any property or interest therein that is the subject of a joint tenancy devolving to him or her, by right of survivorship.
(d) If real property or an interest therein is disclaimed, a copy of the disclaimer shall be recorded in the office of the county clerk and recorder of the county in which the property or interest disclaimed is located.
(3) Form of disclaimer. The disclaimer shall (i) describe the property or interest disclaimed, (ii) be signed by the disclaimant, and (iii) be acknowledged if it affects real property or an interest therein.
(4) Effect of disclaimer. The effects of a disclaimer are:
(a) If property or an interest therein devolves to a disclaimant under a testamentary instrument, under a power of appointment exercised by a testamentary instrument, or under the laws of intestacy, and the decedent has not provided for another disposition of that interest, should it be disclaimed, or of disclaimed or failed interests in general, the disclaimed interest devolves as if the disclaimant had predeceased the decedent, but if by law or under the testamentary instrument the descendants of the disclaimant would share in the disclaimed interest per capita at each generation or otherwise were the disclaimant to predecease the decedent, then the disclaimed interest passes per capita at each generation or passes as directed by the governing instrument to the descendants of the disclaimant who survive the decedent. A future interest that takes effect in possession or enjoyment after the termination of the estate or interest disclaimed takes effect as if the disclaimant had predeceased the decedent. A disclaimer relates back for all purposes to the date of death of the decedent.
(b) If property or an interest therein devolves to a disclaimant under a nontestamentary instrument or contract and the instrument or contract does not provide for another disposition of that interest, should it be disclaimed, or of disclaimed or failed interests in general, the disclaimed interest devolves as if the disclaimant had predeceased the effective date of the instrument or contract, but if by law or under the nontestamentary instrument or contract the descendants of the disclaimant would share in the disclaimed interest per capita at each generation or otherwise were the disclaimant to predecease the effective date of the instrument, then the disclaimed interest passes per capita at each generation, or passes as directed by the governing instrument to the descendants of the disclaimant who survive the effective date of the instrument. A disclaimer relates back for all purposes to that date. A future interest that takes effect in possession or enjoyment at or after the termination of the disclaimed interest takes effect as if the disclaimant had died before the effective date of the instrument or contract that transferred the disclaimed interest.
(c) The disclaimer or the written waiver of the right to disclaim is binding upon the disclaimant or person waiving and all persons claiming through or under either of them.
(5) Waiver and bar. The right to disclaim property or an interest therein is barred by (i) an assignment, conveyance, encumbrance, pledge, or transfer of the property or interest, or a contract therefor, (ii) a written waiver of the right to disclaim, (iii) an acceptance of the property or interest or a benefit under it, or (iv) a sale of the property or interest under judicial sale made before the disclaimer is made.
(6) Remedy not exclusive. This section does not abridge the right of a person to waive, release, disclaim, or renounce property or an interest therein under any other statute.
(7) Application. An interest in property that exists on the effective date of this section as to which, if a present interest, the time for filing a disclaimer under this section has not expired or, if a future interest, the interest has not become indefeasibly vested or the taker finally ascertained, may be disclaimed within nine months after the effective date of this section. Title 15, Art. 11, Part 8, §15-11-801.
Legal definition
Colorado Renunciation And Disclaimer of Property from Will by Testate
Colorado Revised Statutes
Title 15 - Probate, Trusts, & Fiduciaries
Art. 11. Intestate Succession and Wills
PART 8 GENERAL PROVISIONS CONCERNING PROBATE AND NONPROBATE TRANSFERS
Disclaimer of property interests.
(1) Right to disclaim interest in property. A person, or the representative of a person, to whom an interest in or with respect to property or an interest therein devolves by whatever means may disclaim it in whole or in part by delivering or filing a written disclaimer under this section. The right to disclaim exists notwithstanding (i) any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction or (ii) any restriction or limitation on the right to disclaim contained in the governing instrument. For purposes of this subsection (1), the "representative of a person" includes a personal representative of a decedent, a conservator of a protected person, an agent acting on behalf of that person within the express authority of a power of attorney, and any other fiduciary acting on behalf of the person.
(2) Time of disclaimer. The following rules govern the time when a disclaimer shall be filed or delivered:
(a) If the property or interest has devolved to the disclaimant under a testamentary instrument or by the laws of intestacy, the disclaimer shall be filed, if of a present interest, not later than nine months after the death of the deceased owner or deceased donee of a power of appointment and, if of a future interest, not later than nine months after the event determining that the taker of the property or interest is finally ascertained and his or her interest is indefeasibly vested. If the disclaimant does not have actual knowledge of the existence of the interest, such disclaimer shall be filed not later than nine months after the disclaimant has actual knowledge of the existence of the interest. The disclaimer shall be filed in the court of the county in which proceedings for the administration of the estate of the deceased owner or deceased donee of the power are pending or where they would be pending if commenced. A copy of the disclaimer shall be delivered or mailed to any personal representative or other fiduciary of the decedent or donee of the power.
(b) If a property or interest has devolved to the disclaimant under a nontestamentary instrument or contract, the disclaimer shall be delivered or filed, if of a present interest, not later than nine months after the effective date of the nontestamentary instrument or contract and, if of a future interest, not later than nine months after the event determining that the taker of the property or interest is finally ascertained and his or her interest is indefeasibly vested. If the person entitled to disclaim does not have actual knowledge of the existence of the interest, the disclaimer shall be delivered or filed not later than nine months after the person learns of the existence of the interest. The effective date of a revocable instrument or contract is the date on which the maker no longer has power to revoke it or to transfer to himself or herself or another the entire legal and equitable ownership of the interest. The disclaimer or a copy thereof shall be delivered in person or mailed by registered or certified mail, return receipt requested, to the person who has legal title to or possession of the interest disclaimed, or is entitled thereto in the event of the disclaimer.
(c) A surviving joint tenant may disclaim the entire interest or any portion thereof in any property or interest therein that is the subject of a joint tenancy devolving to him or her, by right of survivorship.
(d) If real property or an interest therein is disclaimed, a copy of the disclaimer shall be recorded in the office of the county clerk and recorder of the county in which the property or interest disclaimed is located.
(3) Form of disclaimer. The disclaimer shall (i) describe the property or interest disclaimed, (ii) be signed by the disclaimant, and (iii) be acknowledged if it affects real property or an interest therein.
(4) Effect of disclaimer. The effects of a disclaimer are:
(a) If property or an interest therein devolves to a disclaimant under a testamentary instrument, under a power of appointment exercised by a testamentary instrument, or under the laws of intestacy, and the decedent has not provided for another disposition of that interest, should it be disclaimed, or of disclaimed or failed interests in general, the disclaimed interest devolves as if the disclaimant had predeceased the decedent, but if by law or under the testamentary instrument the descendants of the disclaimant would share in the disclaimed interest per capita at each generation or otherwise were the disclaimant to predecease the decedent, then the disclaimed interest passes per capita at each generation or passes as directed by the governing instrument to the descendants of the disclaimant who survive the decedent. A future interest that takes effect in possession or enjoyment after the termination of the estate or interest disclaimed takes effect as if the disclaimant had predeceased the decedent. A disclaimer relates back for all purposes to the date of death of the decedent.
(b) If property or an interest therein devolves to a disclaimant under a nontestamentary instrument or contract and the instrument or contract does not provide for another disposition of that interest, should it be disclaimed, or of disclaimed or failed interests in general, the disclaimed interest devolves as if the disclaimant had predeceased the effective date of the instrument or contract, but if by law or under the nontestamentary instrument or contract the descendants of the disclaimant would share in the disclaimed interest per capita at each generation or otherwise were the disclaimant to predecease the effective date of the instrument, then the disclaimed interest passes per capita at each generation, or passes as directed by the governing instrument to the descendants of the disclaimant who survive the effective date of the instrument. A disclaimer relates back for all purposes to that date. A future interest that takes effect in possession or enjoyment at or after the termination of the disclaimed interest takes effect as if the disclaimant had died before the effective date of the instrument or contract that transferred the disclaimed interest.
(c) The disclaimer or the written waiver of the right to disclaim is binding upon the disclaimant or person waiving and all persons claiming through or under either of them.
(5) Waiver and bar. The right to disclaim property or an interest therein is barred by (i) an assignment, conveyance, encumbrance, pledge, or transfer of the property or interest, or a contract therefor, (ii) a written waiver of the right to disclaim, (iii) an acceptance of the property or interest or a benefit under it, or (iv) a sale of the property or interest under judicial sale made before the disclaimer is made.
(6) Remedy not exclusive. This section does not abridge the right of a person to waive, release, disclaim, or renounce property or an interest therein under any other statute.
(7) Application. An interest in property that exists on the effective date of this section as to which, if a present interest, the time for filing a disclaimer under this section has not expired or, if a future interest, the interest has not become indefeasibly vested or the taker finally ascertained, may be disclaimed within nine months after the effective date of this section. Title 15, Art. 11, Part 8, §15-11-801.
Sorry, this device is not supported
Please open this page on your desktop computer.