Disclaimer and Renunciation of Interest (Qualified Disclaimer) — Idaho

Before signing: Idaho Code § 15-2-801(2) requires a timely court filing, generally within nine months after the later of the transfer or the relevant death; it has a separate trigger for a taker not yet finally ascertained. Federal qualified-disclaimer rules require timely receipt by an authorized recipient, generally within nine months after the later of the transfer creating the interest or the disclaimant's 21st birthday (26 U.S.C. § 2518(b)(2)). Check both deadlines and delivery routes 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 $[____________]). Federal tax qualification of a partial disclaimer requires separate review under 26 U.S.C. § 2518(c)(1) and applicable regulations.

For federal qualified-disclaimer treatment, an undivided fraction must cover the same fraction of every substantial right for the full term. A disclaimed pecuniary amount and its income must be segregated, with no benefit to the disclaimant. A term-of-years or specific-asset option needs a separate federal qualification review (26 C.F.R. § 25.2518-3).

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).

The filing party must complete the court-filing and delivery record in Section 8 after execution. Federal qualification has a timing requirement under 26 U.S.C. § 2518(b)(2), subject to the timely-mailing and weekend/holiday rules in Treas. Reg. § 25.2518-2(c)(2); record the recipient, actual receipt, and proof in Section 8 after delivery. These later events are not certified by the Disclaimant at signing.

☐ For federal qualification, the Disclaimant has NOT accepted the disclaimed interest or any of its benefits (26 U.S.C. § 2518(b)(3)). Separately, the Disclaimant has not assigned, conveyed, encumbered, pledged, or transferred the interest or contracted to do so, waived the right to renounce in writing, or been subject to a judicial sale or disposition before the renunciation became effective (Idaho Code § 15-2-801(4)).

☐ The disclaimed interest passes without any direction on the part of the Disclaimant, to the decedent's spouse or another person other than the Disclaimant (26 U.S.C. § 2518(b)(4)).

☐ I do not direct the recipient of the disclaimed interest. Unless the Decedent or donee of the power indicated otherwise, Idaho Code § 15-2-801(3) treats the interest as passing as if I had predeceased the Decedent or donee of the power.

☐ This Disclaimer is intended as a qualified disclaimer under 26 U.S.C. § 2518; the state filing and federal delivery checks are documented separately in Section 8.

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 Decedent or the donee of the power. 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 intended to be irrevocable and unqualified as federal qualified-disclaimer law requires (26 U.S.C. § 2518(b)). 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), complete the court filing and required delivery below. Real-property recording is optional:

☐ 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, if one has been appointed.

☐ 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, if applicable.

☐ Optional real-property recording: If an interest in real estate is renounced, a copy may also be recorded in the Office of the County Recorder of [____________] County, Idaho, where the real property is located (Idaho Code § 15-2-801(2)). Recording does not replace the court filing or required delivery.

Completion record (fill after execution): Court and date filed: [____________________]; file-stamped proof: [____________________]. Personal representative/trustee delivery dates and methods: [____________________]. Federal recipient under 26 U.S.C. § 2518(b)(2), actual receipt date, and receipt proof: [____________________]. Optional real-property recording date and instrument number: [____________________].

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], confirm that the representations I made above are true to the best of my knowledge as of the date I sign and that I make this Disclaimer of my own free will. The separate completion record in Section 8 is filled after execution.

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 voluntarily recorded
☐ 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://uscode.house.gov/us/usc/119-120/t26/s2518/
• Treas. Reg. § 25.2518-2 (Requirements for a qualified disclaimer) — https://www.ecfr.gov/current/title-26/part-25/section-25.2518-2