2.25.180 Other trust property rules.
(a) Renunciation or Disclaimer of Interests.
(1) A person 18 years of age or older and not under a legal disability may renounce or disclaim an inheritance of trust or restricted land or trust personalty, either in full or subject to the reservation of a life estate interest in land, in accordance with this section, by filing a signed and acknowledged declaration with the probate decision maker. A renunciation may be made at any of the following times:
(A) If the judge has not yet issued a decision, prior to entry of a final probate order;
(B) Within 30 days of the order on review in a summary probate proceeding in which a request for review has been filed;
(C) Before the entry of an order on rehearing, if a petition for rehearing is pending; or
(D) Within 30 days of the mailing date of the distribution order that provides the heir or devisee with additional property.
(2) No interest so renounced or disclaimed shall be considered to have vested in the renouncing or disclaiming heir, devisee or legatee, and the renunciation or disclaimer shall not be considered to be a transfer or gift of the renounced or disclaimed interest.
(b) Interest in Land. A trust or restricted interest in land may be renounced or disclaimed only if the interest passes in trust status in favor of:
(1) An eligible heir or devisee; or
(2) The Tribe;
and the interest so renounced shall pass to its recipient in trust or restricted status.
(c) Trust Personalty. An interest in trust personalty may be renounced or disclaimed in favor of any person.
(d) Unauthorized Renunciations and Disclaimers. If a renouncement or disclaimer is not made in compliance with this section, the renounced or disclaimed interest shall pass as if the renouncing party predeceased the decedent.
(e) Acceptance of Interest. A renunciation or disclaimer of an interest filed in accordance with this section shall be considered accepted when implemented in a final order by a decision-maker and shall thereafter be irrevocable.
(f) A renunciation or disclaimer of an interest in trust or restricted land that is less than five percent may not be in favor of more than one person. [Ord. 52 § 9209, amended, 4/27/2023; Ord. 50A § 9209, amended, 6/22/2017.]