2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 4 - Probate - Fiduciaries
CHAPTER 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT
633E.12 - DELIVERY OR FILING.

        633E.12  DELIVERY OR FILING.
         1.  For the purposes of this section, "beneficiary
      designation" means an instrument, other than an instrument creating
      a trust, naming the beneficiary of any of the following:
         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.
         e.  Any other nonprobate transfer at death.
         2.  Subject to subsections 3 through 12, 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, the following shall apply:
         a.  A disclaimer must be delivered to the personal
      representative of the decedent's estate.
         b.  If no personal representative is then serving, a
      disclaimer must be filed with a court having jurisdiction to appoint
      the personal representative.
         4.  In the case of an interest in a testamentary trust, one of the
      following shall apply:
         a.  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.
         b.  If no personal representative is then serving, a
      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, one of the
      following shall apply:
         a.  A disclaimer must be delivered to the trustee then
      serving.
         b.  If no trustee is then serving, a disclaimer must be filed
      with a court having jurisdiction to enforce the trust.
         c.  If a disclaimer is made before the time the instrument
      creating the trust becomes irrevocable, the disclaimer must be
      delivered to the settlor of a revocable trust or the transferor of
      the interest.
         6.  In the case of a disclaimer of an interest created by a
      beneficiary designation made before the time the designation becomes
      irrevocable, the disclaimer must be delivered to the person making
      the beneficiary designation.
         7.  In the case of a disclaimer of an interest created by a
      beneficiary designation made after the time the designation becomes
      irrevocable, the disclaimer must 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 must 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 an exercise of a power of appointment at any time after the power
      was created, one of the following shall apply:
         a.  The disclaimer must be delivered to the holder of the
      power or to the fiduciary acting under the instrument that created
      the power.
         b.  If no fiduciary is then serving, the disclaimer must be
      filed with a court having authority to appoint the fiduciary.
         10.  In the case of a disclaimer by an appointee of a nonfiduciary
      power of appointment, one of the following shall apply:
         a.  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.
         b.  If no fiduciary is then serving, the disclaimer must be
      filed with a court having authority to appoint the fiduciary.
         11.  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 3, 4, or 5, 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 must be delivered to the principal or the principal's
      representative.
         13.  In addition to the foregoing, all of the following shall
      apply:
         a.  A copy of any instrument of disclaimer affecting real
      estate shall be filed in the office of the county recorder of the
      county where the real estate is located.  Failure to file, record, or
      register the disclaimer does not affect its validity as between the
      disclaimant and persons to whom the property interest or power passes
      by reason of the disclaimer.
         b.  A copy of an instrument of disclaimer, regardless of its
      subject, may be filed with the clerk of court of the county in which
      proceedings for administration have been commenced, if applicable.
      

         2004 Acts, ch 1015, §19
         C2005, §633.912
         2005 Acts, ch 38, §53
         CS2005, §633E.12
         Referred to in § 421.27, 633E.5