Title 14, Decedents Estates and Fiduciary Relations

§ 4105. Power to disclaim; general requirements; when irrevocable (a) 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 provis…

§ 4106. Disclaimer of interest in property (a) As used 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…

§ 4107. Disclaimer of rights of survivorship in jointly held property (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 nu…

§ 4108. Disclaimer of interest by trustee If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property. (Added 2025, No. 123 (Adj. Sess.), § 1, eff. June 8, 2026.)

§ 4109. Disclaimer of power of appointment or other power not held in fiduciary capacity 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 ef…

§ 4110. Disclaimer by appointee, object, or taker in default of exercise of power of appointment (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 irrevo…

§ 4111. Disclaimer of power held in fiduciary capacity (a) If a fiduciary disclaims a power held in a fiduciary capacity that 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 p…

§ 4112. Delivery or filing (a) As used 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 …

§ 4113. When disclaimer barred or limited (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 i…

§ 4114. Tax qualified disclaimer Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of the Internal Revenue Code, as may be amended, or any regulations promul…

§ 4115. Recording of disclaimer 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, then the disclaimer may be so filed, recorded, or registered. Failure to file, record,…

§ 4116. Application to existing relationships Except as otherwise provided in section 4113 of this title, an interest in or power over property existing on the effective date of this chapter as to which the time for delivering or filing a disclaimer under law superseded by this c…

§ 4117. Relation to Electronic Signatures in Global and National Commerce Act This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq., but does not modify, limit, or supersede Section 101(c) of…

§ 4118. Uniformity of application and construction In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added 2025, No. 123 (Adj. Sess.), § 1, eff. Ju…