(1) As used in this section, "beneficiary designation" means an instrument, other than an instrument creating a trust, naming the beneficiary of:
An annuity or insurance policy;
An account with a designation for payment on death;
A security registered in beneficiary form;
A pension, profit-sharing, retirement, or other employment-related benefit plan; or(e) Any other nonprobate transfer at death.
Subject to subsections (3) to (15) of this section, delivery of a disclaimer may beeffected by personal delivery, first class mail, or any other method likely to result in its receipt.
In the case of an interest created under the law of intestate succession or an interestcreated by will, other than an interest in a testamentary trust:
A disclaimer shall be delivered to the personal representative of the decedent's estate;or
If no personal representative is then serving, a disclaimer shall be filed with a courthaving jurisdiction to appoint a personal representative.
(4) In the case of an interest in a testamentary trust:
A disclaimer shall be delivered to the trustee then serving or, if no trustee is thenserving, to the personal representative of the decedent's estate; or
If no personal representative is then serving, the disclaimer shall be filed with a courthaving jurisdiction to enforce the trust.
(5) In the case of an interest in an inter vivos trust:
A disclaimer shall be delivered to the trustee then serving;
If no trustee is then serving, the disclaimer shall be filed with a court having jurisdiction to enforce the trust; or
If the disclaimer is made before the time the instrument creating the trust becomesirrevocable, it shall be delivered to the settlor of a revocable trust or the transferor of the interest.
In the case of an interest created by a beneficiary designation made before the timethe designation becomes irrevocable, a disclaimer shall be delivered to the person making the beneficiary designation.
In the case of an interest created by a beneficiary designation made after the time thedesignation becomes irrevocable, a disclaimer shall be delivered to the person obligated to distribute the interest.
In the case of a disclaimer by a surviving holder of jointly held property, the disclaimer shall be delivered to the person to whom the disclaimed interest passes.
In the case of a disclaimer by an object or taker in default of exercise of a power ofappointment at any time after the power was created:
The disclaimer shall be delivered to the holder of the power or to the fiduciary actingunder the instrument that created the power; or
If no fiduciary is then serving, the disclaimer shall be filed with a court having authority to appoint a fiduciary.
(10) In the case of a disclaimer by an appointee of a nonfiduciary power of appointment:
The disclaimer shall be delivered to the holder, the personal representative of theholder's estate, or to the fiduciary under the instrument that created the power; or
If no fiduciary is then serving, the disclaimer shall be filed with a court having authority to appoint a fiduciary.
In the case of a disclaimer by a fiduciary of a power over a trust or estate, thedisclaimer shall be delivered as provided for in subsection (3), (4), or (5) of this section, as if the power disclaimed were an interest in property.
In the case of a disclaimer of a power by an agent, the disclaimer shall be deliveredto the principal or the principal's agent, guardian, or conservator.
In the case of a disclaimer of a power not held in a fiduciary capacity, the disclaimer shall be delivered to the fiduciary under the instrument that created the power, or to the person obligated to distribute the property.
Except as provided for in subsections (3) to (8) of this section, in the case of aninterest the disposition of which is determined pursuant to section 15-11-1206 (2)(c)(IV), the disclaimer shall be delivered or filed as follows:
Delivered to the transferor of the interest if the transferor is then living;
Delivered to the personal representative of the estate of the transferor, if the transferor is not then living; or
Filed with a court having jurisdiction to appoint a personal representative for theestate of the transferor, if the transferor is not then living and a personal representative of the estate of the transferor is not then serving.
(15) In the case of a disclaimer of an interest in real property in which the disclaimant has a recorded interest, a copy of the disclaimer shall be recorded in the office of the clerk and recorder of the county in which the interest disclaimed is located. For purposes of this subsection (15) and section 15-11-1215, "recorded interest" means an interest in real property that has been recorded in the office of the county clerk and recorder of the county in which the real property is located.
Source: L. 2011: Entire part added, (SB 11-166), ch. 203, p. 865, § 1, effective August 10.