§ 34-5-5. Time for filing disclaimer.
(a) A disclaimer shall be executed and filed pursuant to the provisions of this chapter
at any time after the creation of the interest in property being disclaimed, but in
any event:
(1) If a present interest, not later than nine (9) months:
(i) After the death of the deceased owner in the case of a testamentary disposition, or
(ii) After the effective date of the instrument creating the interest in the case of a
nontestamentary disposition, or
(2) If a future interest, not later than nine (9) months after the event determining that
the taker of the interest is in possession of it, or
(3) In the case of a beneficiary who is a surviving joint tenant or tenant by the entirety,
not later than nine (9) months after the death of the other joint tenant, tenants,
or tenant by the entirety, or
(4) Notwithstanding the foregoing provisions, in the case of a beneficiary under the age
of twenty-one (21) at the creation of the interest, not later than nine (9) months
after his or her attainment of that age; provided, that any court having jurisdiction
of the property, an interest in which is being disclaimed, may, upon petition filed
by the beneficiary, the duly appointed guardian or conservator of a beneficiary, or
the legal representative of a deceased beneficiary's estate, permit an extension of
time to execute and file a disclaimer, for any further period of time as the court
in its discretion deems advisable.
(b) The effective date of a revocable instrument is the date on which the grantor no longer
has the power to revoke it or to transfer to himself or herself or another the entire
legal and equitable ownership of the interest.