§ 34-5-1. Definitions. The following words as used in this chapter shall have these meanings: (1) “Beneficiary” means any person to whom, and any estate, trust, corporation, or other legal entity to which, an interest in property would pass in any manner described in § 34-5-2, except for the execution and filing of a disclaimer […]
§ 34-5-10. Spendthrift provisions. The right to disclaim pursuant to the provisions of this chapter shall exist irrespective of any limitation in the nature of an express or implied spendthrift provision, other similar restraint on alienation, or forfeiture provision imposed by any instrument, statute, rule of law or otherwise on the interest in property being […]
§ 34-5-11. Effect on other laws. Except for the provisions of § 34-5-9, this chapter shall not abridge the right of any person to disclaim, waive, release, renounce, or abandon any interest in property under any other statute or rule of law. History of Section.P.L. 1980, ch. 392, § 2.
§ 34-5-2. Disclaimer of interest in estate. (a) Unless barred by the provisions of § 34-5-9, a beneficiary may disclaim any interest in property which, except for the execution and filing of a disclaimer in accordance with the provisions of this chapter, would pass to the beneficiary: (1) By intestate succession, devise, legacy, bequest; as […]
§ 34-5-3. Disclaimer by fiduciaries. The probate court having jurisdiction of the estate of a beneficiary is empowered to authorize the duly appointed guardian or conservator of the beneficiary or the legal representative of the estate of a deceased beneficiary to execute and file a disclaimer on behalf of the beneficiary or deceased beneficiary’s estate […]
§ 34-5-4. Form of disclaimer. A disclaimer shall be in writing, shall describe the interest in property being disclaimed, shall declare the disclaimer and the extent of the disclaimer, shall be clear and unequivocal, and shall be signed by the beneficiary, the duly appointed guardian or conservator of a beneficiary or the legal representative of […]
§ 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 […]
§ 34-5-6. Filing and service of disclaimer. (a) The original of the disclaimer or an attested copy of the disclaimer, if filing is required to be made with more than one office, shall be filed: (1) In the case of personal property, in the office of the clerk of probate court that had jurisdiction of […]
§ 34-5-7. Reliance on disclaimer. (a) No person or other legal entity having legal title to or possession of the property, an interest in which is being or has been disclaimed, shall be liable for any distribution or other disposition made prior to the delivery to him, her, or it of a copy of the […]
§ 34-5-8. Disposition of disclaimed interest. (a) A disclaimer complying with all the applicable requirements of this chapter shall be effective according to its terms, and shall be irrevocable, upon execution in accordance with the provisions of § 34-5-4, and filing in accordance with the provisions of § 34-5-6. (b) Unless the will or inter […]
§ 34-5-9. Waiver or bar to right to disclaim. (a) The right to disclaim an interest in property shall be barred by: (1) Assignment, conveyance, encumbrance, pledge, transfer or other disposition of the interest, or any contract therefor, by the beneficiary; (2) Sale or other disposition of the interest pursuant to judicial process made before […]
