Renunciation And Disclaimer of Real Property Interest
Disclaimer of Property Interest-Utah
Utah Code
Title 75 Utah Uniform Probate Code
Chapter 02 Intestate Succession and Wills
Disclaimer of property interests -- Time -- Form -- Effect --
Waiver and bar -- Remedy not exclusive -- Application.
(1) 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:
(a) any limitation on the interest of the disclaimant in
the nature of a spendthrift provision or similar restriction; or
(b) any restriction or limitation on the right to disclaim contained
in the governing instrument. For purposes of this subsection, the "representative
of a person" includes a personal representative of a decedent, a conservator
of a disabled person, a guardian of a minor or incapacitated person, and
an agent acting on behalf of the person within the authority of a power
of attorney.
(2) 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 interest is indefeasibly vested. The disclaimer shall be filed
in the district court of the county in which proceedings for the administration
of the estate of the deceased owner or deceased donee of the power have
been commenced. A copy of the disclaimer shall be delivered in person or
mailed by registered or certified mail, return receipt requested, 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 interest is indefeasibly vested. If the person entitled to disclaim
does not know 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 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.
(c) A surviving joint tenant or tenant by the entireties may disclaim
as a separate interest any property or interest therein devolving to him
by right of survivorship. A surviving joint tenant or tenant by the entireties
may disclaim the entire interest in any property or interest therein that
is the subject of a joint tenancy or tenancy by the entireties devolving
to him, if the joint tenancy or tenancy by the entireties was created by
act of a deceased joint tenant or tenant by the entireties, the survivor
did not join in creating the joint tenancy or tenancy by the entireties,
and has not accepted a benefit under it.
(d) If real property or an interest therein is disclaimed, a copy
of the disclaimer may be recorded in the office of the county recorder
of the county in which the property or interest disclaimed is located.
(3) The disclaimer shall:
(4) 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 has 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) The right to disclaim property or an interest therein is barred
by:
(a) an assignment, conveyance, encumbrance, pledge, or
transfer of the property or interest, or a contract therefor;
(6) 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) An interest in property that exists on July 1, 1998, 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 July 1, 1998.
Title 75, Chap. 02, §75-2-801.
