(a) Subject to (b) – (l) of this section, delivery of a disclaimer may be effected by personal delivery, first class mail, or any other method likely to result in its receipt. A disclaimer sent by first class mail is considered to have been delivered on the date it is postmarked. Delivery by personal delivery or any other method is effective on receipt by the person to whom the disclaimer is to be delivered under this section.
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Terms Used In Alaska Statutes 13.70.100

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Decedent: A deceased person.
  • Fiduciary: A trustee, executor, or administrator.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Trustee: A person or institution holding and administering property in trust.
(b) 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,

(1) a disclaimer shall be delivered to the personal representative of the decedent‘s estate; or
(2) if a personal representative is not then serving, it shall be filed with a court having jurisdiction to appoint the personal representative.
(c) In the case of an interest in a testamentary trust,

(1) a disclaimer shall be delivered to the trustee then serving, or if a trustee is not then serving, to the personal representative of the decedent’s estate; or
(2) if no personal representative is then serving, a disclaimer shall be filed with a court having jurisdiction to enforce the trust.
(d) In the case of an interest in an inter vivos trust,

(1) a disclaimer shall be delivered to the trustee then serving;
(2) if no trustee is then serving, a disclaimer shall be filed with a court having jurisdiction to enforce the trust; or
(3) if the disclaimer is made before the time the instrument creating the trust becomes irrevocable, the disclaimer shall be delivered to the settlor of a revocable trust or the transferor of the interest, or the legal representative of the settlor or transferor.
(e) In the case of an interest created by a beneficiary designation that is disclaimed before the designation becomes irrevocable, the disclaimer shall be delivered to the person making the beneficiary designation.
(f) In the case of an interest created by a beneficiary designation that is disclaimed after the designation becomes irrevocable, the disclaimer of an interest in

(1) personal property shall be delivered to the person obligated to distribute the interest; and
(2) real property shall be recorded in the office of the recorder in the recording district where the real property that is the subject of the disclaimer is located.
(g) In the case of a disclaimer by a surviving holder of jointly held property or by the surviving tenant of property held as a tenancy by the entirety, the disclaimer shall be delivered to the person to whom the disclaimed interest passes, or, if the person cannot reasonably be located by the disclaimant, the disclaimer shall be delivered as provided by (b) of this subsection.
(h) In the case of a disclaimer by an object or taker in default of exercise of a power of appointment at any time after the power was created,

(1) the disclaimer shall be delivered to the holder of the power or to the fiduciary acting under the instrument that created the power; or
(2) if no fiduciary is then serving, the disclaimer shall be filed with a court having authority to appoint the fiduciary.
(i) In the case of a disclaimer by an appointee of a nonfiduciary power of appointment,

(1) the disclaimer shall be delivered to the holder, the personal representative of the holder’s estate, or to the fiduciary under the instrument that created the power; or
(2) if no fiduciary is then serving, the disclaimer shall be filed with a court having authority to appoint the fiduciary.
(j) In the case of a disclaimer by a fiduciary of a power over a trust or estate, the disclaimer shall be delivered as provided in (b) – (d) of this section, as if the power disclaimed were an interest in property.
(k) In the case of a disclaimer of a power by an agent, except a power exercisable by a fiduciary over a trust or estate, the disclaimer shall be delivered to the principal or the principal’s representative.
(l) When a disclaimer of an interest in or relating to real property is recorded in the judicial district where the real property is located, there is a rebuttable presumption that the disclaimer has been delivered.
(m) In this section, “beneficiary designation” means an instrument, other than an instrument creating or amending a trust, naming the beneficiary of

(1) an annuity or insurance policy;
(2) an account with a designation for payment on death;
(3) a security registered in beneficiary form;
(4) a pension, profit-sharing, retirement, or other employment-related benefit plan; or
(5) any other nonprobate transfer at death.
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