Disclaimer and Renunciation of Interest (Qualified Disclaimer) — Idaho

TIMING — IRC § 2518 (9-MONTH DEADLINE): To qualify as a federal "qualified disclaimer," the signed writing must be received by the transferor, legal representative, or legal-title holder within nine (9) months after the later of the transfer creating the interest or the disclaimant's 21st birthday, with no acceptance of the interest or its benefits. Idaho Code § 15-2-801(2) likewise requires filing within nine (9) months after the transfer or death. Verify the deadline with counsel before signing.

DISCLAIMER AND RENUNCIATION OF INTEREST (QUALIFIED DISCLAIMER)

STATE OF IDAHO

TABLE OF CONTENTS

1. Disclaimant Information
2. Identification of the Transfer and Interest Disclaimed
3. Statutory Authority
4. The Disclaimer
5. Qualified-Disclaimer Representations
6. Effect and Passing of the Disclaimed Interest
7. Irrevocability and Binding Effect
8. Delivery, Filing, and Recording
9. Signature, Acknowledgment, and Notarization
10. Verification / Declaration
11. Certificate of Delivery / Service
12. Attachments Checklist

1. DISCLAIMANT INFORMATION

The undersigned (the "Disclaimant") is a person entitled to renounce under Idaho Code § 15-2-801, namely a(n): ☐ heir ☐ devisee ☐ person succeeding to a renounced interest ☐ donee ☐ beneficiary under a testamentary or nontestamentary instrument ☐ donee of a power of appointment ☐ grantee ☐ surviving joint owner / surviving joint tenant ☐ beneficiary of an insurance contract ☐ person designated to take under a power of appointment ☐ other recipient of a benefit: [____________________].

2. IDENTIFICATION OF THE TRANSFER AND INTEREST DISCLAIMED

Source of the interest (check all that apply):
☐ Last Will and Testament of the Decedent
☐ Intestate succession (Idaho Code Title 15, Chapter 2)
☐ Revocable or testamentary trust
☐ Beneficiary designation (life insurance, retirement plan, annuity, POD/TOD account, or security registered in beneficiary form)
☐ Joint tenancy with right of survivorship
☐ Power of appointment
☐ Other: [________________________________]

Extent of the disclaimer:
☐ Full disclaimer — the Disclaimant renounces the entire interest described above.
☐ Partial disclaimer — the Disclaimant renounces only the following power, future interest, specific part, fractional share, percentage, or pecuniary portion: [____________________] (e.g., an undivided ____% interest, or the sum of $[____________]).

Legal description of any real property disclaimed (or see attached Exhibit A): [________________________________]

3. STATUTORY AUTHORITY

This Disclaimer and Renunciation is made under Idaho Code § 15-2-801 (Renunciation), part of the Idaho Uniform Probate Code, and is intended to constitute a qualified disclaimer under 26 U.S.C. § 2518 and Treas. Reg. § 25.2518-2.

• Idaho Code § 15-2-801(1) authorizes a person who is an heir, devisee, donee, beneficiary, surviving joint owner, or other recipient of a benefit to renounce, in whole or in part, powers, future interests, specific parts, fractional shares, or assets, by filing a written instrument that (i) describes the property or interest renounced, (ii) is signed by the person renouncing, and (iii) declares the renunciation and its extent.
• Idaho Code § 15-2-801(2) requires the writing to be filed within nine (9) months after the transfer or the death of the decedent or donee of the power, whichever is later (or, for a not-yet-ascertained taker, within nine months after the taker is finally ascertained or the interest indefeasibly vests), and provides for recording of real property and delivery to the personal representative and trustee.
• Idaho Code § 15-2-801(5) provides that the right to renounce exists irrespective of any spendthrift provision or similar restriction.

4. THE DISCLAIMER

The Disclaimant, intending to be legally bound, hereby IRREVOCABLY and UNQUALIFIEDLY DISCLAIMS and RENOUNCES all (or, where a partial disclaimer is elected in Section 2, the stated power, future interest, fractional, percentage, or pecuniary part of all) right, title, claim, and interest of every kind — whether vested or contingent, present or future, legal or equitable — in and to the property and interest described in Section 2 above.

This Disclaimer is made freely, voluntarily, and with full knowledge of its legal and tax consequences.

5. QUALIFIED-DISCLAIMER REPRESENTATIONS

The Disclaimant represents and certifies that:

☐ This Disclaimer is in writing and signed by the Disclaimant (or the Disclaimant's legal representative), as required by Idaho Code § 15-2-801(1)(b) and Treas. Reg. § 25.2518-2(b).

☐ State delivery, filing, or recording requirements stated above have been checked and completed: [METHOD / DATE / PROOF].
☐ For 26 U.S.C. § 2518(b)(2), the written refusal was received by the transferor, the transferor's legal representative, or the holder of legal title within nine months after the later of the transfer creating the interest or the disclaimant's 21st birthday: [RECIPIENT / DATE / RECEIPT PROOF].

☐ The Disclaimant has NOT accepted the disclaimed interest or any of its benefits, and has not assigned, conveyed, encumbered, pledged, transferred, or contracted to transfer the interest (Idaho Code § 15-2-801(4); Treas. Reg. § 25.2518-2(d)).

☐ The disclaimed interest passes without any direction on the part of the Disclaimant (26 U.S.C. § 2518(b)(4); Treas. Reg. § 25.2518-2(e)).

☐ As a result of this Disclaimer, the interest passes as if the Disclaimant had predeceased the Decedent (or the donee of the power), as provided by Idaho Code § 15-2-801(3).

☐ This Disclaimer is intended as a qualified disclaimer under 26 U.S.C. § 2518; the state filing and federal receipt checks above are documented separately.

6. EFFECT AND PASSING OF THE DISCLAIMED INTEREST

Under Idaho Code § 15-2-801(3), unless the Decedent or donee of the power has otherwise indicated, the property or interest renounced passes as if the Disclaimant had predeceased the Decedent (or, for an interest taken under a power of appointment, as if the Disclaimant had predeceased the donee of the power). A future interest that takes effect after termination of the renounced estate takes effect as if the Disclaimant had predeceased the determinative event. In every case, the renunciation relates back for all purposes to the date of death of the Decedent or the donee.

The Disclaimant does not direct to whom the disclaimed interest passes; it passes solely by operation of the governing instrument and Idaho law.

7. IRREVOCABILITY AND BINDING EFFECT

This Disclaimer is irrevocable and may not be modified, withdrawn, or rescinded once filed. Under Idaho Code § 15-2-801(6), this renunciation is binding upon the Disclaimant and all persons claiming through or under the Disclaimant.

8. DELIVERY, FILING, AND RECORDING

Pursuant to Idaho Code § 15-2-801(2), the Disclaimant shall (check all that apply):

☐ File this Disclaimer with the District Court of [____________] County, Idaho, in the county where proceedings concerning the Decedent's estate are pending or where they would be pending if commenced.

☐ Deliver a copy of this Disclaimer, in person or by registered or certified mail, to the personal representative of the Decedent.

☐ Deliver a copy of this Disclaimer, in person or by registered or certified mail, to the trustee of any trust in which the renounced interest exists.

☐ Record a copy of this Disclaimer in the Office of the County Recorder of [____________] County, Idaho, where the real property is located, if an interest in real estate is renounced (Idaho Code § 15-2-801(2)).

9. SIGNATURE, ACKNOWLEDGMENT, AND NOTARIZATION

Executed this [____] day of [____________], 20[____].

Disclaimant Signature: ______________________________________

Printed Name: [________________________________]

ACKNOWLEDGMENT

STATE OF IDAHO )
COUNTY OF [____________] )

On this [____] day of [____________], 20[____], before me, the undersigned Notary Public, personally appeared [DISCLAIMANT FULL LEGAL NAME], known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the same voluntarily.

______________________________________
Notary Public
Residing at: [____________________]
My commission expires: [__/__/____]

[NOTARY SEAL]

10. VERIFICATION / DECLARATION

I, [DISCLAIMANT FULL LEGAL NAME], declare under penalty of perjury under the laws of the State of Idaho that the foregoing is true and correct, that I have not accepted the disclaimed interest or any benefit thereof, and that I make this Disclaimer of my own free will.

Signature: ______________________________________
Date: [__/__/____]

11. CERTIFICATE OF DELIVERY / SERVICE

I certify that on the date(s) shown below a true and correct copy of this Disclaimer was delivered (in person, or by registered or certified mail, return receipt requested) to the following:

Signature: ______________________________________
Printed Name: [________________________________]

12. ATTACHMENTS CHECKLIST

☐ Copy of the Last Will and Testament, trust instrument, or beneficiary designation creating the disclaimed interest
☐ Exhibit A — legal description of any real property disclaimed
☐ Certified copy of the Decedent's Death Certificate
☐ Proof of delivery / mailing (registered or certified mail receipts)
☐ Copy of the recorded Disclaimer (County Recorder), if real property is involved
☐ File-stamped copy from the District Court (estate proceeding)

SOURCES AND REFERENCES

• Idaho Code § 15-2-801 (Renunciation) — https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch2/sect15-2-801/
• 26 U.S.C. § 2518 (Disclaimers) — https://www.law.cornell.edu/uscode/text/26/2518
• Treas. Reg. § 25.2518-2 (Requirements for a qualified disclaimer) — https://www.law.cornell.edu/cfr/text/26/25.2518-2