There is a newer version
of
this Section
2017 New Hampshire Revised Statutes
Title LVI - PROBATE COURTS AND DECEDENTS' ESTATES
Chapter 563-B - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT
Section 563-B:2 - Time of Disclaimer-Delivery.
Universal Citation: NH Rev Stat § 563-B:2 (2017)
563-B:2 Time of Disclaimer-Delivery. –
I. Except as provided in paragraph III, if the property or interest has devolved to the disclaimant under a testamentary instrument or by the laws of intestacy, the disclaimer shall be delivered, as to a present interest, not later than 9 months after the death of the deceased owner or deceased donee of a power of appointment and, as to a future interest, not later than 9 months after the event determining that the taker of the property or interest has become finally ascertained and the taker's interest is indefeasibly vested. The disclaimer shall be delivered in person or mailed by registered or certified mail to any personal representative, or other fiduciary, of the decedent or the donee of the power, to the holder of the legal title to which the interest relates, or to the person entitled to the property or interest in the event of disclaimer. A copy of the disclaimer shall be filed in the probate court of the county in which proceedings for the administration of the estate of the deceased owner or deceased donee of the power have been commenced.
II. Except as provided in paragraph III, if the property or interest has devolved to the disclaimant under a nontestamentary instrument or contract, the disclaimer shall be delivered, as to a present interest, not later than 9 months after the effective date of the nontestamentary instrument or contract and, as to a future interest, not later than 9 months after the event determining that the taker of the property or interest has become finally ascertained and the taker's interest indefeasibly vested. If the person entitled to disclaim does not have actual knowledge of the existence of the interest, the disclaimer shall be delivered not later than 9 months after the taker had actual knowledge of the existence of the interest. The effective date of a revocable instrument or contract is the date on which the maker no longer has power to revoke it or to transfer to the maker or another the entire legal and equitable ownership of the interest. The disclaimer shall be delivered in person or mailed by registered or certified mail to the person who had legal title to or possession of the interest disclaimed.
III. In any case, as to a transfer creating an interest in the disclaimant made after December 31, 1976, and subject to tax under chapter 11, 12, or 13 of the Internal Revenue Code of 1954, as amended, a disclaimer intended as a qualified disclaimer thereunder must specifically so state and must be delivered not later than 9 months after the later of the date the transfer is made or the day on which the person disclaiming attains age 21.
IV. A surviving joint tenant may disclaim as a separate interest any property or interest therein devolving to a surviving joint tenant by right of survivorship. A surviving joint tenant may disclaim the entire interest in any property or interest therein that is the subject of a joint tenancy devolving to the surviving joint tenant, if the joint tenancy was created by act of a deceased joint tenant and to the extent that the survivor did not contribute to the joint tenancy.
V. If real property or an interest therein is disclaimed, a copy of the disclaimer shall be recorded in the registry of deeds of the county in which the property or interest disclaimed is located.
I. Except as provided in paragraph III, if the property or interest has devolved to the disclaimant under a testamentary instrument or by the laws of intestacy, the disclaimer shall be delivered, as to a present interest, not later than 9 months after the death of the deceased owner or deceased donee of a power of appointment and, as to a future interest, not later than 9 months after the event determining that the taker of the property or interest has become finally ascertained and the taker's interest is indefeasibly vested. The disclaimer shall be delivered in person or mailed by registered or certified mail to any personal representative, or other fiduciary, of the decedent or the donee of the power, to the holder of the legal title to which the interest relates, or to the person entitled to the property or interest in the event of disclaimer. A copy of the disclaimer shall be filed in the probate court of the county in which proceedings for the administration of the estate of the deceased owner or deceased donee of the power have been commenced.
II. Except as provided in paragraph III, if the property or interest has devolved to the disclaimant under a nontestamentary instrument or contract, the disclaimer shall be delivered, as to a present interest, not later than 9 months after the effective date of the nontestamentary instrument or contract and, as to a future interest, not later than 9 months after the event determining that the taker of the property or interest has become finally ascertained and the taker's interest indefeasibly vested. If the person entitled to disclaim does not have actual knowledge of the existence of the interest, the disclaimer shall be delivered not later than 9 months after the taker had actual knowledge of the existence of the interest. The effective date of a revocable instrument or contract is the date on which the maker no longer has power to revoke it or to transfer to the maker or another the entire legal and equitable ownership of the interest. The disclaimer shall be delivered in person or mailed by registered or certified mail to the person who had legal title to or possession of the interest disclaimed.
III. In any case, as to a transfer creating an interest in the disclaimant made after December 31, 1976, and subject to tax under chapter 11, 12, or 13 of the Internal Revenue Code of 1954, as amended, a disclaimer intended as a qualified disclaimer thereunder must specifically so state and must be delivered not later than 9 months after the later of the date the transfer is made or the day on which the person disclaiming attains age 21.
IV. A surviving joint tenant may disclaim as a separate interest any property or interest therein devolving to a surviving joint tenant by right of survivorship. A surviving joint tenant may disclaim the entire interest in any property or interest therein that is the subject of a joint tenancy devolving to the surviving joint tenant, if the joint tenancy was created by act of a deceased joint tenant and to the extent that the survivor did not contribute to the joint tenancy.
V. If real property or an interest therein is disclaimed, a copy of the disclaimer shall be recorded in the registry of deeds of the county in which the property or interest disclaimed is located.
Source. 1996, 265:12, eff. Jan. 1, 1997.
Disclaimer: These codes may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
