(1) As used in this section, beneficiary
designation means an instrument, other than an instrument creating a trust,
naming the beneficiary of:
(a) An annuity or insurance policy;
(b) An account with a designation for payment on death;
(c) A security registered in beneficiary form;
(d) A pension, profit-sharing, retirement, or other employment-related
benefit plan; or
(e) Any other nonprobate transfer at death.
(2) Subject to subsections (3) to (15) of this section, delivery of a disclaimer
may be effected by personal delivery, first-class mail, or any other method likely to
result in its receipt.
(3) In the case of an interest created under the law of intestate succession or
an interest created by will, other than an interest in a testamentary trust:
(a) A disclaimer shall be delivered to the personal representative of the
decedent's estate; or
(b) If no personal representative is then serving, a disclaimer shall be filed
with a court having jurisdiction to appoint a personal representative.
(4) In the case of an interest in a testamentary trust:
(a) A disclaimer shall be delivered to the trustee then serving or, if no trustee
is then serving, to the personal representative of the decedent's estate; or
(b) If no personal representative is then serving, the disclaimer shall be filed
with a court having jurisdiction to enforce the trust.
(5) In the case of an interest in an inter vivos trust:
(a) A disclaimer shall be delivered to the trustee then serving;
(b) If no trustee is then serving, the disclaimer shall be filed with a court
having jurisdiction to enforce the trust; or
(c) If the disclaimer is made before the time the instrument creating the trust
becomes irrevocable, it shall be delivered to the settlor of a revocable trust or the
transferor of the interest.
(6) In the case of an interest created by a beneficiary designation made
before the time the designation becomes irrevocable, a disclaimer shall be
delivered to the person making the beneficiary designation.
(7) In the case of an interest created by a beneficiary designation made after
the time the designation becomes irrevocable, a disclaimer shall be delivered to the
person obligated to distribute the interest.
(8) 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.
(9) In the case of a disclaimer by an object or taker in default of exercise of a
power of appointment at any time after the power was created:
(a) The disclaimer shall be delivered to the holder of the power or to the
fiduciary acting under the instrument that created the power; or
(b) 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:
(a) The disclaimer shall be delivered to the holder, the personal
representative of the holder's estate, or to the fiduciary under the instrument that
created the power; or
(b) If no fiduciary is then serving, the disclaimer shall be filed with a court
having authority to appoint a fiduciary.
(11) In the case of a disclaimer by a fiduciary of a power over a trust or estate,
the disclaimer 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.
(12) In the case of a disclaimer of a power by an agent, the disclaimer shall
be delivered to the principal or the principal's agent, guardian, or conservator.
(13) 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.
(14) Except as provided for in subsections (3) to (8) of this section, in the
case of an interest the disposition of which is determined pursuant to section 15-11-1206 (2)(c)(IV), the disclaimer shall be delivered or filed as follows:
(a) Delivered to the transferor of the interest if the transferor is then living;
(b) Delivered to the personal representative of the estate of the transferor, if
the transferor is not then living; or
(c) Filed with a court having jurisdiction to appoint a personal representative
for the estate 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.