Deason Garner & Sparks
  • Home
  • Estate Planning
    • Planning Basics
      • Estate Planning
        Understand the purpose and pieces of a complete estate plan.
      • Living Trusts
        Learn why a Living Trust is the foundation for many families.
      • Wills & Probate
        See how wills, trusts, and probate work together.
      • Protecting What You’ve Built
        Coordinate property, accounts, businesses, and beneficiary assets with your plan.
      Planning for Life
      • Planning for You
        Make decisions now for incapacity, health care, and the people you trust.
      • Planning for Your Family
        Protect the people you love and give them clear direction.
      • Long-Term Care
        Plan ahead for later-life care and changing family needs.
      • Special Circumstances
        Plan for blended families, special needs, minor children, businesses, and other unique circumstances.
      Ongoing Support
      • Keep Your Plan Current
        Review and update your plan as life changes.
      • Trust Administration
        Help for the people who will carry out your plan.
      • Arizona Legal Reference
        ARS Title 14 (Sep 2026)
    • Start with a free seminar

      Learn the basics, ask questions, and get to know our team before making decisions.

      View seminars

      Schedule a consultation

      Talk with our team about your family, your goals, and the questions that matter to your plan.

      Schedule appointment

  • About
    • About DGS
      Meet our firm, our attorneys, and the history behind Deason Garner & Sparks.
    • Our Approach
      Learn how education, planning, and ongoing support work together.
    • Privacy Policy
      How we collect, use, and protect information submitted through our website.
  • Seminars
    • What to Expect
      See what our free in-person seminars cover and what to expect when you attend.
    • Online Seminar
      Watch the estate planning seminar online at your convenience.
  • Pay Online
  • Contact Us
    • Book an Appointment
    • Call (928) 783-4575
    • Send a Message
  • SITE SEARCH
    What can we help you find?
    ×
    Thank you! Your submission has been received!
    Oops! Something went wrong while submitting the form.
6024 E 32nd St
Yuma, AZ 85365
(928) 783-4575
‍
Mon-Thur:
Fri:
9:00 AM–5:00 PM
9:00 AM–12:00 PM
‍
← Back to Arizona Legal Reference
14-10012

Delivery or filing; definition

General Provisions

A. Subject to subsections B through K, delivery of a disclaimer may be effected by personal delivery, first class mail or any other method likely to result in its receipt.

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 must be delivered to the personal representative of the decedent's estate.

2. If no personal representative is then serving, it must 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 must be delivered to the trustee then serving, or if no trustee is then serving, to the personal representative of the decedent's estate.

2. If no personal representative is then serving, it must 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 must be delivered to the trustee then surviving.

2. If no trustee is then serving, it must be filed with a court having jurisdiction to enforce the trust.

3. If the disclaimer is made before the time the instrument creating the trust becomes irrevocable, it must be delivered to the settlor of a revocable trust or the transferor of the interest.

E. In the case of an interest created by a beneficiary designation made before the time the designation becomes irrevocable, a disclaimer must be delivered to the person making the beneficiary designation.

F. In the case of an interest created by a beneficiary designation made after the time the designation becomes irrevocable, a disclaimer must be delivered to the person obligated to distribute the interest.

G. 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.

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 must be delivered to the holder of the power or to the fiduciary acting under the instrument that created the power.

2. If no fiduciary is then serving, it must 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 must be delivered to the holder, to the personal representative of the holder's estate or to the fiduciary under the instrument that created the power.

2. If no fiduciary is then serving, it must 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 must be delivered as provided in subsection B, C or D as if the power disclaimed were an interest in property.

K. 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.

L. 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:

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 benefits plan.

5. Any other nonprobate transfer at death.

Last verified against the Arizona Legislature:
September 15, 2026
Official Arizona Legislature Source
Deason Garner & Sparks
(928) 783-45756024 E 32nd St
Yuma, AZ 85365
Business HoursMon–Thur: 9:00 AM–5:00 PMFriday: 9:00 AM–12:00 PM
Schedule an AppointmentRegister for a Free Seminar
  • Explore

  • Estate Planning
  • Living Trusts
  • Our Approach
  • Seminars
  • Contact
  • Planning Topics

  • Planning for You
  • Planning for Your Family
  • Protecting What You’ve Built
  • Special Circumstances
  • Wills & Probate
  • Trust Administration
  • Long-Term Care Planning
  • Keep Your Plan Current
  • Get Started

  • Book an Appointment
  • Attend a Free Seminar
  • Estate Planning
  • Living Trusts
  • About DGS

  • About
  • Our Approach
  • Frequently Asked Questions
  • Contact
  • Call Us
  • Facebook
© 2026 Deason Garner & Sparks. All rights reserved.
  • Estate Planning
  • Seminars
  • Contact
CLOSE

Seminar Registration

Privacy Notice: We only use your information to contact you about the services we offer. We will not sell your data or share it without your consent.

Thank you! We've received your seminar registration. Our team will contact you if we need anything else.
We couldn't submit your registration. Please try again or call (928) 783-4575 for assistance.