Disclaimer and Renunciation of Interest (Qualified Disclaimer) — Oklahoma

TIMING — IRC § 2518 (9-MONTH DEADLINE): To qualify as a federal "qualified disclaimer," this writing must be signed and delivered/filed within nine (9) months after the date of the decedent's death or other transfer (or within 9 months after the disclaimant turns 21), with no acceptance of the interest or its benefits. Oklahoma 84 O.S. § 24 independently requires filing within nine (9) months after the death of the person by whom the interest was created (or after the event that finally ascertains the disclaimant and indefeasibly fixes the interest). NOTE: Under 84 O.S. § 22, the disclaimer must be signed, WITNESSED, and acknowledged in the manner provided for deeds of real estate. Verify the deadline with counsel before signing.

DISCLAIMER AND RENUNCIATION OF INTEREST (QUALIFIED DISCLAIMER)

STATE OF OKLAHOMA

TABLE OF CONTENTS

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

1. DISCLAIMANT (BENEFICIARY) INFORMATION

The undersigned (the "Disclaimant" or "Beneficiary") is a beneficiary within the meaning of 84 O.S. § 22, namely a person entitled (but for this disclaimer) to take an interest: ☐ by intestate succession ☐ by devise ☐ by legacy or bequest ☐ by succession of a disclaimed interest ☐ by renunciation and election to take against a will ☐ as beneficiary of a testamentary trust ☐ pursuant to exercise/nonexercise of a testamentary power of appointment ☐ as donee of a power of appointment created by testamentary instrument ☐ otherwise under a testamentary instrument ☐ other: [____________________].

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 (84 O.S. § 213)
☐ Testamentary trust
☐ Power of appointment (exercise or nonexercise of a testamentary power)
☐ Beneficiary designation / nontestamentary transfer (life insurance, annuity, retirement plan, POD/TOD account)
☐ Joint tenancy with right of survivorship
☐ Other: [________________________________]

Extent of the disclaimer:
☐ Full disclaimer — the Disclaimant disclaims the entire interest described above.
☐ Partial disclaimer — the Disclaimant disclaims only the following specific part, share, or asset (84 O.S. § 23): [____________________] (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 is made under 84 O.S. §§ 22 through 29 (Oklahoma's disclaimer act) and is intended to constitute a qualified disclaimer under 26 U.S.C. § 2518 and Treas. Reg. § 25.2518-2.

• 84 O.S. § 23 authorizes a beneficiary to disclaim any interest, in whole or in part, or with reference to specific parts, shares, or assets, by filing a disclaimer in the manner provided by the act.
• 84 O.S. § 22(3) requires the disclaimer to be a written instrument that declines, refuses, releases, renounces, or disclaims the interest, defines the nature and extent of the interest disclaimed, and is signed, witnessed, and acknowledged by the Disclaimant in the manner provided for deeds of real estate.
• 84 O.S. § 24 requires the disclaimer to be filed within nine (9) months after the death of the person by whom the interest was created, or, if the disclaimant or interest is not yet finally ascertained or indefeasibly fixed, within nine months after the event that fixes it.

4. THE DISCLAIMER / RENUNCIATION

The Disclaimant, intending to be legally bound, hereby IRREVOCABLY DECLINES, REFUSES, RENOUNCES, and DISCLAIMS all (or, where a partial disclaimer is elected in Section 2, the stated specific part, share, or asset 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 instrument defines the nature and extent of the interest disclaimed as set out in Section 2 (84 O.S. § 22(3)).

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 a written instrument, defines the nature and extent of the interest disclaimed, and is signed, witnessed, and acknowledged by the Disclaimant in the manner provided for deeds of real estate, as required by 84 O.S. § 22(3) and Treas. Reg. § 25.2518-2(b).

☐ This Disclaimer is being filed within nine (9) months after the later of (a) the death of the person by whom the interest was created (or the event finally ascertaining the Disclaimant and indefeasibly fixing the interest), or (b) the date the Disclaimant attained age 21 (84 O.S. § 24; 26 U.S.C. § 2518(b)(2)).

☐ 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 (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 descends or is distributed as if the Disclaimant had died immediately preceding the death or other event that fixes the interest, as provided by 84 O.S. § 26.

6. EFFECT AND PASSING OF THE DISCLAIMED INTEREST

Under 84 O.S. § 26, unless the person by whom the interest was created has otherwise provided by will or other appropriate instrument with reference to the possibility of a disclaimer, the interest disclaimed descends, is distributed, or is otherwise disposed of in the same manner as if the Disclaimant had died immediately preceding the death or other event that causes the Disclaimant to become finally ascertained as a beneficiary and the interest to become indefeasibly fixed in quality and quantity. In any case, the disclaimer relates for all purposes to such date, whether filed before or after such death or event. An interest in or to the estate of an intestate may be disclaimed without ever vesting in the Disclaimant.

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

7. IRREVOCABILITY AND BINDING EFFECT

This Disclaimer is irrevocable and may not be modified, withdrawn, or rescinded once filed. It is binding upon the Disclaimant and all persons claiming through or under the Disclaimant.

8. PLACE OF FILING; DELIVERY OF COPIES; REAL-ESTATE FILING

Pursuant to 84 O.S. § 25, the Disclaimant shall (check all that apply):

☐ File this Disclaimer in the District Court of [____________] County, Oklahoma, in which the estate of the person by whom the interest was created is or has been administered; or, if no probate administration has been commenced, in the district court of any county that is the proper place for probate administration of that person's estate. The Disclaimer is effective upon being so filed.

☐ Deliver or mail a copy of this Disclaimer to the representative, trustee, or other person having legal title to or possession of the property in which the disclaimed interest exists.

☐ File the original Disclaimer, or a copy certified as true and complete by the clerk of the district court in which it was filed, in the Office of the County Clerk of [____________] County, Oklahoma (and each county where the real estate is situated), if an interest in or relating to real estate is disclaimed. Such filing constitutes notice to all persons only from and after the time of filing.

9. SIGNATURE, WITNESSES, ACKNOWLEDGMENT, AND NOTARIZATION

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

Disclaimant Signature: ______________________________________

Printed Name: [________________________________]

WITNESSES:

Witness 1 Signature: ______________________________ Printed Name: [____________________]

Witness 2 Signature: ______________________________ Printed Name: [____________________]

ACKNOWLEDGMENT

STATE OF OKLAHOMA )
COUNTY OF [____________] ) ss.

Before me, the undersigned Notary Public in and for said county and state, on this [____] day of [____________], 20[____], personally appeared [DISCLAIMANT FULL LEGAL NAME], to me known to be the identical person who executed the foregoing instrument, and acknowledged to me that he/she executed the same as his/her free and voluntary act and deed for the uses and purposes therein set forth.

______________________________________
Notary Public
My commission expires: [__/__/____]
Commission No.: [____________]

[NOTARY SEAL]

10. VERIFICATION / DECLARATION

I, [DISCLAIMANT FULL LEGAL NAME], declare under penalty of perjury under the laws of the State of Oklahoma 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 or mailed 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 to the representative, trustee, or custodian
☐ Certified copy filed with the County Clerk, if real estate is involved
☐ File-stamped copy from the District Court

SOURCES AND REFERENCES

• 84 O.S. § 22 (Disclaimer — definitions; form) — https://law.justia.com/codes/oklahoma/title-84/section-84-22/
• 84 O.S. § 24 (Time for filing disclaimer) — https://law.justia.com/codes/oklahoma/title-84/section-84-24/
• 84 O.S. § 25 (Place of filing; delivery of copies; interest in real estate) — https://law.justia.com/codes/oklahoma/title-84/section-84-25/
• 84 O.S. § 26 (Disposition of interest disclaimed) — https://law.justia.com/codes/oklahoma/title-84/section-84-26/
• 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