Download Utah Disclaimer of Interest Forms

As part of the Utah Uniform Probate Code, the beneficiary of an interest in property may renounce the gift, either in part or in full (Utah Code 75-2-801). Note that the option to disclaim is only available to beneficiaries who have not acted in any way to indicate acceptance or ownership of the interest (Utah Code 75-2-801 (5)).

The disclaimer must be in writing and include a description of the interest, a declaration of intent to disclaim all or a defined portion of the interest, and be signed by the disclaimant (Utah Code 75-2-801 (3)).

File the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) with the district court of the county that has jurisdiction over proceedings regarding the estate of the deceased donor. In addition, deliver a copy of the disclaimer in person or send it by registered mail to the personal representative of the decedent's estate (Utah Code 75-2-801 (2) (a)). If the transfer is enacted by an instrument other than a will, deliver a copy of the disclaimer to the person who has legal title to or possession of the property (Utah Code 75-2-801 (2) (b)). If real property is involved, record a copy of the disclaimer in the office of the county recorder in the county in which the property or interest disclaimed is located (Utah Code 75-2-801 (2) (d)).

A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors (Utah Code 75-2-801 (4) (c)), so be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property. If the disclaimed interest arises out of jointly-owned property, seek legal advice as well.

(Utah DOI Package includes form, guidelines, and completed example)