Disclaimer / Renunciation of Interest (Qualified Disclaimer) — Colorado

DISCLAIMER AND RENUNCIATION OF INTEREST (QUALIFIED DISCLAIMER)

State of Colorado — Uniform Disclaimer of Property Interests Act, C.R.S. §§ 15-11-1201 to 15-11-1218

1. DISCLAIMANT INFORMATION

2. IDENTIFICATION OF THE TRANSFER AND INTEREST DISCLAIMED

I, the Disclaimant named above, identify the interest I am disclaiming as follows.

Source of the interest:

☐ Will / Last Will and Testament of the Decedent
☐ Intestate succession (Colorado Probate Code)
☐ Inter vivos (living) trust or testamentary trust
☐ Beneficiary designation — ☐ life insurance / ☐ annuity / ☐ retirement account (IRA, 401(k), etc.) / ☐ POD / TOD account or security registered in beneficiary form
☐ Surviving joint tenant (right of survivorship)
☐ Beneficiary deed (C.R.S. § 15-15-401 et seq.)
☐ Power of appointment
☐ Other: [________________________________]

Description of the specific property or portion disclaimed:

[DESCRIBE THE PROPERTY — e.g., "an undivided one-half (1/2) interest in the real property known as [ADDRESS], [COUNTY] County, Colorado, legally described in Exhibit A"; or "the sum of $[________]"; or "the entire residuary devise under Article [___] of the Will."]

3. STATUTORY AUTHORITY

This Disclaimer is made under the Colorado Uniform Disclaimer of Property Interests Act:

• C.R.S. § 15-11-1205(1) — "A person may disclaim, in whole or in part, any interest in or power over property, including a power of appointment," notwithstanding any spendthrift or similar restriction.
• C.R.S. § 15-11-1205(3) — to be effective, a disclaimer must be in writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed, and be delivered or filed (and, for real property, recorded as provided in § 15-11-1212).
• C.R.S. § 15-11-1205(4) — a partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate.
• C.R.S. § 15-11-1205(5) — when the disclaimer becomes irrevocable.
• C.R.S. § 15-11-1206 — how the disclaimed interest passes.
• C.R.S. § 15-11-1212 — delivery, filing, and recording requirements.
• 26 U.S.C. § 2518 and Treas. Reg. § 25.2518-2 — federal qualified-disclaimer requirements.

4. THE DISCLAIMER

The Disclaimant hereby irrevocably disclaims and refuses to accept all right, title, and interest in and to the property described in Section 2, to the extent indicated below:

☐ FULL DISCLAIMER — The Disclaimant disclaims the entire interest described in Section 2.

☐ PARTIAL DISCLAIMER — Under C.R.S. § 15-11-1205(4), the Disclaimant disclaims only the following part of the interest, expressed as a fraction, percentage, monetary amount, or other defined portion:
[________________________________________________________]

This writing declares the disclaimer, describes the interest or power disclaimed, and is signed by the Disclaimant, as required by C.R.S. § 15-11-1205(3). The Disclaimant makes this Disclaimer freely and voluntarily, for no consideration, and not at the direction of any other person. A disclaimer under Part 12 is not a transfer, assignment, or release (C.R.S. § 15-11-1205(6)).

5. QUALIFIED-DISCLAIMER REPRESENTATIONS (IRC § 2518)

The Disclaimant represents and certifies that:

☐ This Disclaimer is in writing (or other record) and signed by the Disclaimant (C.R.S. § 15-11-1205(3); Treas. Reg. § 25.2518-2(b)).
☐ This Disclaimer is being delivered or filed within nine (9) months after the later of (a) the death of the creator / date of the transfer creating the interest or (b) the date the Disclaimant attained age 21 (26 U.S.C. § 2518(b)(2)).
☐ The Disclaimant has NOT accepted the disclaimed interest or any of its benefits (including any income, dividends, distributions, or use of the property) (26 U.S.C. § 2518(b)(3); Treas. Reg. § 25.2518-2(d)).
☐ As a result of this Disclaimer, the interest passes without any direction on the part of the Disclaimant (26 U.S.C. § 2518(b)(4)).
☐ The disclaimed interest passes as if the Disclaimant had died immediately before the time of distribution (C.R.S. § 15-11-1206(2)(c)(II)).
☐ This Disclaimer is irrevocable upon delivery or filing (and, for real property, recording) (C.R.S. § 15-11-1205(5)).

6. EFFECT AND PASSING OF THE DISCLAIMED INTEREST

Under C.R.S. § 15-11-1206(2), except as governed by § 15-11-1207 (jointly held property) or § 15-11-1208 (powers of appointment):

• The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or — if the interest arose under intestate succession — as of the time of the intestate's death.
• The disclaimed interest passes according to any provision in the instrument providing for the disposition of disclaimed interests; and
• if the instrument contains no such provision, and the Disclaimant is an individual, the interest passes as if the Disclaimant had died immediately before the time of distribution (subject to the descendant-representation rules of § 15-11-1206(2)(c)(III)–(IV)).

The Disclaimant understands and acknowledges that the Disclaimant has no power to direct who receives the disclaimed interest. No person obligated to distribute the interest is liable for distributing it as if not disclaimed unless that person received a copy of this Disclaimer before distribution (C.R.S. § 15-11-1205(7)).

To the Disclaimant's knowledge, the disclaimed interest will pass to: [NAME(S) OF SUCCESSOR TAKER(S), if known — for information only].

7. IRREVOCABILITY AND BINDING EFFECT

Under C.R.S. § 15-11-1205(5), this Disclaimer becomes irrevocable when it is delivered or filed (and, with regard to an interest in real property, recorded under § 15-11-1212), or when it becomes effective under §§ 15-11-1206 to 15-11-1211, whichever occurs later. It is binding upon the Disclaimant and the Disclaimant's heirs, successors, assigns, agents, and personal representatives. The Disclaimant has not accepted the interest or any benefit and has done no act constituting acceptance.

8. DELIVERY, FILING, AND RECORDING (C.R.S. § 15-11-1212)

Delivery may be effected by personal delivery, first-class mail, or any other method likely to result in receipt (C.R.S. § 15-11-1212(2)). The Disclaimant will deliver and/or file this Disclaimer as follows (check all that apply):

☐ Will or intestacy interest — deliver to the personal representative of the Decedent's estate; if none is serving, file with the court having jurisdiction to appoint a personal representative (§ 15-11-1212(3)).
☐ Testamentary trust interest — deliver to the trustee then serving (or the personal representative if no trustee is serving); if neither, file with the court having jurisdiction to enforce the trust (§ 15-11-1212(4)).
☐ Inter vivos trust interest — deliver to the trustee then serving (or the settlor/transferor if the trust is still revocable); if no trustee, file with the court having jurisdiction to enforce the trust (§ 15-11-1212(5)).
☐ Beneficiary-designation interest — deliver to the person making the designation (if made before it became irrevocable) or to the person obligated to distribute the interest (if after) (§ 15-11-1212(6)–(7)).
☐ Jointly held property — deliver to the person to whom the disclaimed interest passes (§ 15-11-1212(8)).

Real property — recording (C.R.S. § 15-11-1205(3), § 15-11-1212): ☐ If this Disclaimer affects an interest in real property, a copy will be recorded in the Office of the Clerk and Recorder of [COUNTY] County, Colorado, where the real property is located.

9. SIGNATURE AND ACKNOWLEDGMENT

Executed on [__/__/____], at [CITY], Colorado.

Disclaimant Signature: ______________________________________

Printed Name: [____________________________________]

Notary Acknowledgment

State of Colorado, County of [____________________]

The foregoing Disclaimer was acknowledged before me on [__/__/____] by [DISCLAIMANT NAME].

WITNESS my hand and official seal.

Notary Signature: ______________________________________ [NOTARY SEAL]

My commission expires: [__/__/____]

10. VERIFICATION / DECLARATION

I, [DISCLAIMANT NAME], declare under penalty of perjury under the laws of the State of Colorado that the foregoing Disclaimer is true and correct, that I have not accepted the disclaimed interest or any of its benefits, and that I execute this Disclaimer freely and voluntarily.

Executed on [__/__/____] at [CITY], Colorado.

Signature: ______________________________________

11. CERTIFICATE OF DELIVERY / SERVICE

I certify that on [__/__/____] a true and correct copy of this Disclaimer was delivered or filed as follows:

Signature: ______________________________________
Printed Name: [DISCLAIMANT / ATTORNEY NAME]
Colorado Attorney Reg. No. (if attorney): [____________]

12. ATTACHMENTS CHECKLIST

☐ Copy of the Will / Codicil (if interest arises under a will)
☐ Copy of the Trust instrument (if interest arises under a trust)
☐ Copy of the beneficiary designation or beneficiary deed
☐ Legal description of real property (Exhibit A) — if real property is disclaimed
☐ Certified copy of the Decedent's Death Certificate
☐ Proof of delivery / filing (certified-mail receipt, court e-file confirmation, or signed receipt)
☐ Recorded copy from the County Clerk and Recorder (if real property disclaimer was recorded)

SOURCES AND REFERENCES

• Colo. Rev. Stat. §§ 15-11-1201 to 15-11-1218 (Uniform Disclaimer of Property Interests Act) — Colorado General Assembly: https://leg.colorado.gov
• C.R.S. §§ 15-11-1205, 15-11-1206, 15-11-1212.
• 26 U.S.C. § 2518 (qualified disclaimers); Treas. Reg. § 25.2518-2 (requirements).