2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 11 - PROPERTY INTERESTS › Section 45-2-1112 - Delivery or filing.

A. As used in this section, "beneficiary designation" means an instrument, other than an instrument creating a trust, naming the beneficiary of:
(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 benefit plan; or
(5) any other nonprobate transfer at death.
B. Subject to Subsections C through L of this section, delivery of a disclaimer may be effected by personal delivery, first-class mail or any other method likely to result in its receipt.
C. 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; or
(2) if no personal representative is then serving, it must be filed with a court having jurisdiction to appoint the personal representative.
D. 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; or
(2) if no personal representative is then serving, it must be filed with a court having jurisdiction to enforce the trust.
E. In the case of an interest in an inter vivos trust:
(1) a disclaimer must be delivered to the trustee then serving;
(2) if no trustee is then serving, it must be filed with a court having jurisdiction to enforce the trust; or
(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.
F. In the case of an interest, created by a beneficiary designation, that is disclaimed before the designation becomes irrevocable, the disclaimer must be delivered to the person making the beneficiary designation.
G. In the case of an interest, created by a beneficiary designation, that is disclaimed after the designation becomes irrevocable:
(1) the disclaimer of an interest in personal property must be delivered to the person obligated to distribute the interest; and
(2) the disclaimer of an interest in real property must be recorded in the office of the county clerk of each county where the real property that is the subject of the disclaimer is located.
H. 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.
I. 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; or
(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 an appointee of a nonfiduciary power of appointment:
(1) the disclaimer must be delivered to the holder, the personal representative of the holder's estate or to the fiduciary under the instrument that created the power; or
(2) if no fiduciary is then serving, it must be filed with a court having authority to appoint the fiduciary.
K. 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 C, D or E of this section, as if the power disclaimed were an interest in property.
L. 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.
History:
Laws 2001, ch. 290, § 12; 1978 Comp., § 46-10-12 recompiled and amended as § 45-2-1112 NMSA 1978 by Laws 2011, ch. 124, § 92.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 92 recompiled and amended former 46-10-12 NMSA 1978 as 45-2-1112 NMSA 1978, effective January 1, 2012.
The 2011 amendment,
effective January 1, 2012, in Subsection F, required that a disclaimer that is made before a beneficiary designation becomes irrevocable be delivered to the person making the designation; and in Subsection G, required that a disclaimer of an interest in personal property that is made after a beneficiary designation becomes irrevocable be delivered to the person obligated to distribute the interest and that a disclaimer in real property that is made after a beneficiary designation becomes irrevocable be recorded in the office of the county clerk.
COMMENT
The rules set forth in this section are designed to provide notice of the disclaimer. For example, a disclaimer of an interest in a decedent's estate must be delivered to the personal representative of the estate. A disclaimer is required to be filed in court only in very limited circumstances. (Amended in 2010.)