SECTION 2-1112. DELIVERY OR FILING.
(a) 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 registered in beneficiary form;
(4) a pension, profit-sharing, retirement, or other employment-related benefit
plan; or
(5) any other nonprobate transfer at death.
(b) Subject to subsections (c) through (l), delivery of a disclaimer may be effected by
personal delivery, first-class mail, or any other method likely to result in its receipt.
(c) 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:
(1) a disclaimer must be delivered to the personal representative of the decedent’s
estate; or
(2) if no personal representative is then serving, it must be filed with a court having jurisdiction to appoint the personal representative.
(d) In the case of an interest in a testamentary trust:
(a) 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 registered in beneficiary form;
(4) a pension, profit-sharing, retirement, or other employment-related benefit
plan; or
(5) any other nonprobate transfer at death.
(b) Subject to subsections (c) through (l), delivery of a disclaimer may be effected by
personal delivery, first-class mail, or any other method likely to result in its receipt.
(c) 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:
(1) a disclaimer must be delivered to the personal representative of the decedent’s
estate; or
(2) if no personal representative is then serving, it must be filed with a court having jurisdiction to appoint the personal representative.
(d) In the case of an interest in a testamentary trust:
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(1) a disclaimer must be delivered to the trustee then serving, or if no trustee is
then serving, to the personal representative of the decedent’s estate; or
(2) if no personal representative is then serving, it must be filed with a court having jurisdiction to enforce the trust.
(e) In the case of an interest in an inter vivos trust:
(1) a disclaimer must be delivered to the trustee then serving;
(2) if no trustee is then serving, it must be filed with a court having jurisdiction to
enforce the trust; or
(3) 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.
(f) 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.
(g) In the case of an interest created by a beneficiary designation which is disclaimed after the designation becomes irrevocable:
(1) the disclaimer of an interest in personal property must be delivered to the person obligated to distribute the interest; and
(2) the disclaimer of an interest in real property must be recorded in [the office of the county recorder of deeds] of the [county] where the real property that is the subject of the disclaimer is located.
(h) 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.
(2) if no personal representative is then serving, it must be filed with a court having jurisdiction to enforce the trust.
(e) In the case of an interest in an inter vivos trust:
(1) a disclaimer must be delivered to the trustee then serving;
(2) if no trustee is then serving, it must be filed with a court having jurisdiction to
enforce the trust; or
(3) 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.
(f) 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.
(g) In the case of an interest created by a beneficiary designation which is disclaimed after the designation becomes irrevocable:
(1) the disclaimer of an interest in personal property must be delivered to the person obligated to distribute the interest; and
(2) the disclaimer of an interest in real property must be recorded in [the office of the county recorder of deeds] of the [county] where the real property that is the subject of the disclaimer is located.
(h) 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.
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(i) 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:
(1) the disclaimer must be delivered to the holder of the power or to the fiduciary acting under the instrument that created the power; or
(2) if no fiduciary is then serving, it must be filed with a court having authority to appoint the fiduciary.
(j) In the case of a disclaimer by an appointee of a nonfiduciary power of appointment: (1) the disclaimer must 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
(2) if no fiduciary is then serving, it must be filed with a court having authority to
appoint the fiduciary.
(k) 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 (c), (d), or (e), as if the power disclaimed were an interest in property.
(l) 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.
Comment
The rules set forth in this section are designed to provide notice of the disclaimer. For example, a disclaimer of an interest in a decedent’s estate must be delivered to the personal representative of the estate. A disclaimer is required to be filed in court only in very limited circumstances.
Historical Note: This Comment was revised in 2010 to account for the amendment of subsections (f) and (g)(1) and the addition of subsection (g)(2), amendments that were necessitated by the approval of the Uniform Real Property Transfer on Death Act (2009), which is codified in this Code at Article VI, Part 4.
(1) the disclaimer must be delivered to the holder of the power or to the fiduciary acting under the instrument that created the power; or
(2) if no fiduciary is then serving, it must be filed with a court having authority to appoint the fiduciary.
(j) In the case of a disclaimer by an appointee of a nonfiduciary power of appointment: (1) the disclaimer must 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
(2) if no fiduciary is then serving, it must be filed with a court having authority to
appoint the fiduciary.
(k) 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 (c), (d), or (e), as if the power disclaimed were an interest in property.
(l) 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.
Comment
The rules set forth in this section are designed to provide notice of the disclaimer. For example, a disclaimer of an interest in a decedent’s estate must be delivered to the personal representative of the estate. A disclaimer is required to be filed in court only in very limited circumstances.
Historical Note: This Comment was revised in 2010 to account for the amendment of subsections (f) and (g)(1) and the addition of subsection (g)(2), amendments that were necessitated by the approval of the Uniform Real Property Transfer on Death Act (2009), which is codified in this Code at Article VI, Part 4.
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