Arizona Renunciation and Disclaimer of Property from Will by Testate
Arizona Revised Statutes
Title 14 - Decedent's Estates, Guardianships, Protective Proceedings
and Trusts
Article 8 - Disqualification
Disclaimer of property interest; requirements; effect
A. If by any means an interest in property or with respect
to property devolves to a person, that person or that person's representative
may disclaim that interest in whole or in part by delivering or filing
a written disclaimer under this section. This right exists notwithstanding
any limitation on the interest of the disclaimant in the nature of a spendthrift
provision or similar restriction or any restriction or limitation on the
right to disclaim contained in the governing instrument. For purposes of
this subsection, "representative" includes a personal representative of
a decedent, a conservator of a protected 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.
B. If the property or interest has devolved to the disclaimant under
a testamentary instrument or by the laws of intestacy and is of a present
interest, the disclaimer must be filed not later than nine months after
the death of the deceased owner or deceased donee of a power of appointment.
If that property or interest is of a future interest, the disclaimer must
be filed not later than nine months after the event that determines that
the taker of the property or interest is finally ascertained and the interest
is indefeasibly vested. The disclaimer must be filed in the court in 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 must be delivered in person or mailed by certified mail,
return receipt requested, to any personal representative or other fiduciary
of the decedent or donee of the power.
C. If a property or interest has devolved to the disclaimant under
a nontestamentary instrument or contract and is of a present interest the
disclaimer shall be filed not later than nine months after the effective
date of the nontestamentary instrument or contract. If the property or
interest is of a future interest the disclaimer must be filed not later
than nine months after the event that determines that the taker of the
property or interest is finally ascertained and the taker's interest is
indefeasibly vested. If the person entitled to disclaim does not know of
the existence of the interest, the disclaimer must 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 the maker or another the entire legal and equitable ownership of the
interest. The disclaimer or a copy of the disclaimer must be delivered
in person or mailed by certified mail, return receipt requested, to the
person who has legal title to or possession of the interest disclaimed.
D. A surviving joint tenant may disclaim as a separate interest
any property or an interest in that property that devolves to that joint
tenant by right of survivorship. A surviving joint tenant may disclaim
the entire interest in any property or an interest in that property that
is the subject of a joint tenancy devolving to that joint tenant, if the
joint tenancy was created by act of a deceased joint tenant, the survivor
did not join in creating the joint tenancy and the survivor has not accepted
a benefit under it.
E. If real property or an interest in that property 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.
F. The disclaimer shall describe the property or interest disclaimed,
declare the disclaimer and its extent and be signed by the disclaimant.
G. If property or an interest in that property 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. However,
if by law or under the testamentary instrument the descendants of the disclaimant
would share in the disclaimed interest by representation or otherwise if
the disclaimant were to predecease the decedent, the disclaimed interest
then passes by representation or 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.
H. If property or an interest in property 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. However, if by law or under the nontestamentary
instrument or contract the descendants of the disclaimant would share in
the disclaimed interest by representation or otherwise if the disclaimant
were to predecease the effective date of the instrument, the disclaimed
interest then passes by representation or 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.
I. The disclaimer or the written waiver of the right to disclaim
is binding on the disclaimant or the person who makes the waiver and on
all persons claiming through or under either of them.
J. The right to disclaim property or an interest in property is
barred by:
1. An assignment, conveyance, encumbrance, pledge or transfer
of the property or interest or a contract.
2. A written waiver of the right to disclaim.
3. An acceptance of the property or interest or a benefit under
it.
4. A sale of the property or interest under judicial sale made before
the disclaimer is made.
K. This section does not limit a person's right to waive, release,
disclaim or renounce property or an interest in that property under any
other statute.
L. An interest in property that exists on December 31, 1994 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 December 31, 1994.
M. For the purposes of this section:
1. Acceptance of an interest is not acceptance of any separate
interest given under the same instrument.
2. Interest for life or for any other period of time is a single
interest that is separate from any interest in the principal or any additional
interest in income that takes effect on the occurrence of a future event.
3. An interest in periodic payments to be made from principal or
income, or both, for the life of the beneficiary or for any other period
of time is a single interest that is separate from any additional payments
to be made on the occurrence of a future event.
Title 14, Art.8, §14-2801.
