Title 30.1, Uniform Probate Code

In this chapter: 1. "Beneficiary designation" means an instrument, other than an instrument creating a trust, naming the beneficiary of an insurance or annuity policy; an account with a designation for payment on death; a security registered in beneficiary form; a pension, profit…

1. A person may disclaim, in whole or in 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 limitati…

1. Except for disclaimers governed by sections 30.1-10.1-04 and 30.1-10.1-05, subsections 2 through 5 apply to a disclaimer of an interest in property. 2. The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest aros…

1. Upon the death of a holder of jointly held property, a surviving holder may disclaim in whole or in part the greater of 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 to w…

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 and 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 a holder disclaims a power of app…

1. The disclaimer 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. 2. A disclaimer by the object or taker in default of an exercise of a power of appointment takes effect as of the ti…

1. 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. 2. If a fiduciary disclaims a power held in a fiduciary capacity which has been exercis…

1. In subsections 2 through 11, delivery of a disclaimer may be effected by personal delivery, first-class mail, or any other method likely to result in its receipt. 2. In the case of an interest created under the law of intestate succession or an interest created by will, other …

1. A disclaimer is barred by a written waiver of the right to disclaim. 2. A disclaimer of an interest in property is barred if before the disclaimer becomes effective the disclaimant accepts the interest sought to be disclaimed; the disclaimant voluntarily assigns, conveys, encu…

If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be so filed, recorded, or registered. Except as required in subsection 6 of section 30.1-10.1-09, f…

1. This chapter does not limit the right of a person to waive, release, disclaim, or renounce property or an interest in or power over property under any law other than this chapter. 2. This chapter applies to any interest in or power over property, whenever created. 3. Except as…