§ 30.1-10.1-09 — (2-1112) Delivery

North Dakota § 30.1-10.1-09

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-10.1: Disclaimer of Property Interests

Text

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 than an interest in a testamentary trust, a disclaimer must be
delivered to the personal representative of the decedent's estate, or if a personal
representative is not then serving, it must be filed with the court having jurisdiction to
appoint the personal representative.
3. In the case of an interest in a testamentary trust, a disclaimer must be delivered to the
trustee then serving, or if a trustee is not then serving, to the personal representative
of the decedent's estate, or if a personal representative is not then serving, it must be
filed with a court having jurisdiction to enforce the trust.
4. In the case of an interest in an inter vivos trust, a disclaimer must be delivered to the
trustee then serving, or if a trustee is not then serving, it must 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 becomes irrevocable, it must be delivered to the settlor of
a revocable trust or the transferor of the interest.
5. In the case of an interest created by a beneficiary designation which is disclaimed
before the designation becomes irrevocable, the disclaimer must be delivered to the
person making the beneficiary designation.
6. In the case of an interest created by a beneficiary designation which is disclaimed after
the designation becomes irrevocable, a disclaimer of an interest in personal property
must be delivered to the person obligated to distribute the interest and the disclaimer
of an interest in real property must be recorded in the office of the county recorder of
the county where the real property that is the subject of the disclaimer is located.
7. In the case of a disclaimer by a surviving holder of jointly held property, the disclaimer
must be delivered to the person to whom the disclaimed interest passes.
8. In the case of a disclaimer by an object or taker in default of exercise of a power of
appointment, the disclaimer must be delivered to the holder of the power or to the
fiduciary acting under the instrument that created the power, or if a fiduciary is not then
serving, it must be filed with the court having authority to appoint the fiduciary.
9. In the case of a disclaimer by an appointee of a nonfiduciary power of appointment, to
the holder, personal representative of the holder's estate, or to the fiduciary under the

instrument that created the power, or if a fiduciary is not then serving, it must be filed
with the court having authority to appoint the fiduciary.
10. In the case of a disclaimer by a fiduciary of a power over a trust or estate, the
disclaimer must be delivered as provided in subsection 2, 3, or 4, as if the power
disclaimed were an interest in property.
11. In the case of a disclaimer of a power by an agent, the disclaimer must be delivered to
the principal or the principal's representative.