Kansas Renunciation and Disclaimer of Property from Will by Testate
Chapter 59 Probate Code
Article 22 Probate Procedure
Disclaimer of interest in property; persons authorized; disclaimer
instrument, contents, validity.
(a) A person or the personal representative of a person
may disclaim in whole, in part or in an undivided part any real or personal
property, or any interest therein or power thereover, passing upon death
of another to such person as: (1) Heir; (2) next of kin; (3) devisee; (4)
legatee; (5) a person succeeding to a disclaimed interest; (6) beneficiary
under a testamentary instrument; (7) beneficiary under an insurance policy;
(8) joint owner with a right of survivorship in real or personal property,
to the extent the survivor may take more than the survivor's equitable
portion of the property; (9) a person named to take on the death of the
other person; (10) donee of a power of appointment; (11) beneficiary under
the terms of an inter vivos trust; or (12) a person designated to take
pursuant to a power of appointment exercised by or under a testamentary
instrument.
(b) Disclaimer pursuant to this act shall be made by filing a written
instrument and giving notice thereof in the manner hereinafter provided.
The instrument shall:
(1) Describe the property, interest or power subject to
the disclaimer, (2) contain a declaration of disclaimer and the extent
thereof and (3) be signed and acknowledged by the disclaimant.
(c) Notwithstanding the provisions of subsections (a) and (b), a disclaimer
shall only be valid to the extent that it does not conflict with K.S.A.
39-709 and amendments thereto.
Chap. 59, Art. 22, §59-2291.
Same; filing and recordation of disclaimer instrument.
(a) The disclaimer instrument shall be filed within nine
months after the latest of:
(1) The death of the decedent or the donee of the power,
as the case may be;
(2) if the taker of the power, property or interest is not then
finally ascertained or if the taker's interest has not become indefeasibly
fixed both in quality and in quantity, the date that the taker becomes
finally ascertained and such taker's interest becomes indefeasibly fixed
both in quality and in quantity; or
(3) the date when the taker of the property, interest or power attains
the age of 21 years.
(b) The disclaimer instrument shall be filed and recorded in the district
court in which the estate of the decedent or the donee of the power is
or may be administered. Upon filing the disclaimer instrument, the disclaimant
shall give notice of the disclaimer by personal delivery or sending, by
certified mail, a copy of the instrument to the transferor, or the personal
representative of the transferor, of the property, interest or power or
to the holder of the legal title to the property to which the interest
or power relates.
Chap. 59, Art. 22, §59-2292.
Same; effect of disclaimer; disclaimer barred, when; limit on
disclaimant's interest of no effect; interests subject to disclaimer; disclaimer
applicable to income from property disclaimed.
(a) Unless the decedent or donee of the power has otherwise
provided, the property, interest or power disclaimed as provided in K.S.A.
59-2291 and amendments thereto shall descend or be distributed as if the
disclaimant had predeceased the decedent or, if the disclaimant is designated
to take pursuant to a power of appointment exercised by or under a testamentary
instrument, as if the disclaimant had predeceased the donee of the power.
In every case, the disclaimer shall relate back for all purposes to the
date of death of the decedent or the donee, as the case may be, except
that, in the case of a beneficiary under the terms of an inter vivos trust,
the disclaimer shall relate back to the date of the transfer.
(b) Any conveyance of or contract to convey real property or any
interest therein, any assignment or transfer of or contract to assign or
transfer personal property, any written waiver of the right to disclaim
the taking of or power over real or personal property or any sale or other
disposition of real or personal property pursuant to judicial process by
a person attempting to disclaim the taking of or power over property bars
the right of such person to disclaim as to the power, property or interest.
(c) The right to disclaim shall exist irrespective of any limitation
on the interest of the disclaimant in the nature of a spendthrift provision
or similar restriction.
(d) A disclaimer when filed and recorded or a written waiver of
the right to disclaim shall be final, and the disclaimer or waiver cannot
be revoked and shall be binding upon the disclaimant or person waiving,
the personal representative of the disclaimant or person waiving and all
parties claiming the right to disclaim or waive by, through or under the
disclaimant or person waiving, except that, in the case of disclaimer,
the interest in or power over the property shall pass as provided in subsection
(a) unless otherwise provided by the instrument creating the interest or
power or unless the interest or power is further disclaimed by the person
succeeding to the disclaimed interest or power.
(e) Any interest in real or personal property which exists on the
effective date of this act, but which has not then become indefeasibly
fixed both in quality and quantity, or the taker of which has not then
become finally ascertained, may be disclaimed after the effective date
of this act in the manner provided herein, but no interest which has become
fixed prior to the effective date of this act in any person other than
the disclaimant shall be destroyed or diminished by any action of the disclaimant
taken pursuant to this act.
(f) Any interest, rents, profits or other income which arises from
an interest in property disclaimed pursuant to this act and which accrues
between the date of the death of the decedent or donee and the date of
the disclaimer shall be the property of the person entitled to receive
the disclaimed interest in the property and the person shall have a right
of action against the disclaimant to recover that income.
Chap. 59, Art. 22, §59-2293.
Act supplemental to probate code.
The provisions of this act shall be part of
and supplemental to the Kansas probate code.
Chap. 59, Art. 22, §59-2294.
