Title 28 — — Appendix Administrative Order Number 12 — Official Probate Forms

This subchapter may be cited as the “Uniform Disclaimer of Property Interests Act (1999).”

(1) In this subchapter:(1) “Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.(2) “Disclaimed interest” means the interest that would have passed to the disclaimant had the disclaimer not been made.(3) “Disclai…

This subchapter applies to disclaimers of any interest in or power over property, whenever created.

(a) Unless displaced by a provision of this subchapter, the principles of law and equity supplement this subchapter. (b) This subchapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this…

(a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation…

(a) In this section:(1) “Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.(2) “Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment. (1) “F…

(a) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of:(1) a fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder …

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.

(1) If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:(1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.(2) If the h…

(a) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable. (b) A disclaimer of an interest in property by an object or taker in default of an exercis…

(a) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (b) If a fiduciary disclaims a power held in a fiduciary capacity which has been exerc…

(a) In this section, “beneficiary designation” means an instrument, other than an instrument creating a trust, naming the beneficiary of:(1) an annuity or insurance policy;(2) an account with a designation for payment on death;(3) a security registered in beneficiary form;(4) a p…

(a) A disclaimer is barred by a written waiver of the right to disclaim. (b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:(1) the disclaimant accepts the interest sought to be disclaimed;(2) the dis…

Notwithstanding any other provision of this subchapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, an…

(a) If real property or an interest therein is disclaimed, a copy of the disclaimer shall be recorded in the office of the circuit clerk of the county in which the property or interest disclaimed is located. (b) If an interest in or relating to real property is disclaimed and rec…

A guardian of the property or an executor or administrator of the estate of a minor, incompetent, or deceased beneficiary may, if the fiduciary deems it to be in the best interest of those concerned with the estate of the beneficiary and of those who will take the beneficiary's i…

This subchapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery…

In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among States that enact it.

A.C.A. § 28-2-219Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

This act takes effect on September 1, 2003.

Sections 28-2-101 — 28-2-109 are repealed.