{"data":{"id":"us-ky/krs-394.035","jurisdiction":"us-ky","citation":"KRS 394.035","heading":"Uniform disclaimer of transfers under nontestamentary instruments.","body":"(1) A person, or the representative of an incapacitated person or protected person, who\nis a grantee, donee, surviving joint tenant, person succeeding to a disclaimed\ninterest, beneficiary under a nontestamentary instrument or contract, or appointee\nunder a po wer of appointment exercised by a nontestamentary instrument, may\ndisclaim in whole or in part the right of transfer to him of any property, or interest\ntherein by delivering or filing a written disclaimer under this section.  A surviving\njoint tenant may disclaim as a separate interest any property or interest therein\ndevolving to him by right of survivorship.  A surviving joint tenant may disclaim\nthe entire interest in any property, or interest therein, that is the subject of a joint\ntenancy devolving to him, if the joint tenancy was created by act of a deceased joint\ntenant, if the survivor did not join in creating the joint tenancy and he has not\naccepted a benefit thereunder.  The right to disclaim shall survive the death of the\nperson having it and ma y be exercised by the personal representative of such\nperson's estate.  The disclaimer shall describe the property or interest therein\ndisclaimed, declare the disclaimer and extent thereof, and be signed by the\ndisclaimant.\n(2) (a) An instrument disclaiming a present interest shall be delivered or filed no later\nthan nine (9) months after the effective date of the nontestamentary instrument\nor contract; and a future interest shall be delivered or filed not later than nine\n(9) months after the event determining that the taker of the property or interest\nis finally ascertained and his interest is indefeasibly vested.  If the person\nentitled to disclaim does not have actual knowledge of the existence of the\ninterest the instrument shall be delivered or filed no t later than nine (9)\nmonths after he has actual knowledge of the existence of the interest.  The\neffective date of a revocable instrument or contract is the date on which the\nmaker no longer has power to revoke it or to transfer to himself or another the\nentire legal and equitable ownership of the interest.\n(b) The disclaimer or a copy thereof shall be delivered in person or mailed by\nregistered or certified mail to the transferor or his representative or to the\ntrustee or other person having legal title t o, or possession of, the property or\ninterest disclaimed.  If real property or an interest therein is disclaimed, a copy\nof the instrument may be filed for record in the office of the county clerk of\nthe county in which the real estate is situated.\n(3) Unless the nontestamentary instrument or contract provides for another disposition,\nthe property or interest therein disclaimed shall devolve as if the disclaimant had\ndied before the effective date of the instrument or contract.  A disclaimer relates\nback for all purposes to that date.  A future interest that takes effect in possession or\nenjoyment at or after the termination of the disclaimed interest takes effect as if the\ndisclaimant had died before the effective date of the instrument or contract that\ntransferred the disclaimed interest.\n(4) (a) The right to disclaim property or an interest therein is barred by an\nassignment, conveyance, encumbrance, pledge, or transfer of the property or\ninterest, or a contract therefor, a written waiver of the right to d isclaim, an\nacceptance of the property or interest or benefit thereunder, or a sale of the\nproperty or interest under judicial sale made before the disclaimer is effected.\n(b) The right to disclaim exists notwithstanding any limitation on the interest of\nthe disclaimant in the nature of a spendthrift provision or similar restriction.\n(c) The instrument of disclaimer or the written waiver of the right to disclaim is\nbinding upon the disclaimant or person waiving and all persons claiming\nthrough or under him.\n(5) This section does not abridge the right of a person to waive, release, disclaim, or\nrenounce property or an interest therein under any other statute.\n(6) An interest in property existing on July 15, 1980, as to which, if a present interest,\nthe time f or filing a disclaimer under this section has not expired, or if a future\ninterest, the interest has not become indefeasibly vested or the taker finally\nascertained, may be disclaimed within nine (9) months after July 15, 1980.\n(7) This section shall be applied and construed to effectuate its general purpose to make\nuniform the law with respect to the subject of this section among states enacting it.\n(8) This section may be cited as the uniform disclaimer of transfers under\nnontestamentary instruments section.","path":["KRS Chapter 394"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36236","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:25Z","sha256":"437af1196f0b5964b42f7d6787fa4cf2ea8be036086fed28f2c068960c775173","source_id":"us-ky","stale":false,"prev":"us-ky/krs-394.030","next":"us-ky/krs-394.040"},"notice":"GroundRules: Original legal text. Not legal advice."}