75-2-801 - Disclaimer of property interests -- Time -- Form -- Effect -- Waiver and bar -- Remedy not exclusive -- Application. - Utah Statutes

75-2-801. Disclaimer of property interests -- Time -- Form -- Effect -- Waiver andbar -- Remedy not exclusive -- Application.
(1) A person, or the representative of a person, to whom an interest in or with respect toproperty or an interest therein devolves by whatever means may disclaim it in whole or in part bydelivering or filing a written disclaimer under this section. The right to disclaim existsnotwithstanding:
(a) any limitation on the interest of the disclaimant in the nature of a spendthrift provisionor similar restriction; or
(b) any restriction or limitation on the right to disclaim contained in the governinginstrument. For purposes of this subsection, the "representative of a person" includes a personalrepresentative of a decedent, a conservator of a disabled person, a guardian of a minor orincapacitated person, and an agent acting on behalf of the person within the authority of a powerof 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 testamentaryinstrument or by the laws of intestacy, the disclaimer shall be filed, if of a present interest, notlater than nine months after the death of the deceased owner or deceased donee of a power ofappointment and, if of a future interest, not later than nine months after the event determining thatthe 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 theadministration of the estate of the deceased owner or deceased donee of the power have beencommenced. A copy of the disclaimer shall be delivered in person or mailed by registered orcertified mail, return receipt requested, to any personal representative or other fiduciary of thedecedent or donee of the power.
(b) If a property or interest has devolved to the disclaimant under a nontestamentaryinstrument or contract, the disclaimer shall be delivered or filed, if of a present interest, not laterthan nine months after the effective date of the nontestamentary instrument or contract and, if of afuture interest, not later than nine months after the event determining that the taker of the propertyor interest is finally ascertained and his interest is indefeasibly vested. If the person entitled todisclaim does not know of the existence of the interest, the disclaimer shall be delivered or filednot later than nine months after the person learns of the existence of the interest. The effectivedate of a revocable instrument or contract is the date on which the maker no longer has power torevoke it or to transfer to himself or another the entire legal and equitable ownership of theinterest. The disclaimer or a copy thereof shall be delivered in person or mailed by registered orcertified mail, return receipt requested, to the person who has legal title to or possession of theinterest disclaimed.
(c) A surviving joint tenant or tenant by the entireties may disclaim as a separate interestany property or interest therein devolving to him by right of survivorship. A surviving joint tenantor tenant by the entireties may disclaim the entire interest in any property or interest therein that isthe subject of a joint tenancy or tenancy by the entireties devolving to him, if the joint tenancy ortenancy 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 notaccepted a benefit under it.
(d) If real property or an interest therein is disclaimed, a copy of the disclaimer may berecorded in the office of the county recorder of the county in which the property or interest

disclaimed is located.
(3) The disclaimer shall:
(a) describe the property or interest disclaimed;
(b) declare the disclaimer and extent thereof; and
(c) be signed by the disclaimant.
(4) The effects of a disclaimer are:
(a) If property or an interest therein devolves to a disclaimant under a testamentaryinstrument, under a power of appointment exercised by a testamentary instrument, or under thelaws of intestacy, and the decedent has not provided for another disposition of that interest, shouldit be disclaimed, or of disclaimed, or failed interests in general, the disclaimed interest devolvesas if the disclaimant had predeceased the decedent, but if by law or under the testamentaryinstrument the descendants of the disclaimant would share in the disclaimed interest per capita ateach generation or otherwise were the disclaimant to predecease the decedent, then the disclaimedinterest passes per capita at each generation, or passes as directed by the governing instrument, tothe descendants of the disclaimant who survive the decedent. A future interest that takes effect inpossession or enjoyment after the termination of the estate or interest disclaimed takes effect as ifthe disclaimant had predeceased the decedent. A disclaimer relates back for all purposes to thedate of death of the decedent.
(b) If property or an interest therein devolves to a disclaimant under a nontestamentaryinstrument or contract and the instrument or contract does not provide for another disposition ofthat interest, should it be disclaimed, or of disclaimed or failed interests in general, the disclaimedinterest devolves as if the disclaimant has predeceased the effective date of the instrument orcontract, but if by law or under the nontestamentary instrument or contract the descendants of thedisclaimant would share in the disclaimed interest per capita at each generation or otherwise werethe disclaimant to predecease the effective date of the instrument, then the disclaimed interestpasses per capita at each generation, or passes as directed by the governing instrument, to thedescendants of the disclaimant who survive the effective date of the instrument. A disclaimerrelates back for all purposes to that date. A future interest that takes effect in possession orenjoyment at or after the termination of the disclaimed interest takes effect as if the disclaimanthad died before the effective date of the instrument or contract that transferred the disclaimedinterest.
(c) The disclaimer or the written waiver of the right to disclaim is binding upon thedisclaimant 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 orinterest, or a contract therefor;
(b) a written waiver of the right to disclaim;
(c) an acceptance of the property or interest or a benefit under it; or
(d) a sale of the property or interest under judicial sale made before the disclaimer ismade.
(6) This section does not abridge the right of a person to waive, release, disclaim, orrenounce 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, theinterest has not become indefeasibly vested or the taker finally ascertained, may be disclaimed

within nine months after July 1, 1998.

Repealed and Re-enacted by Chapter 39, 1998 General Session