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(a) Renuniciation or Disclaimer of Interests.

(1) A person 18 years of age or older may renounce or disclaim an inheritance of trust land or 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 prior to entry of a final probate order. 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

(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 who would be eligible to be a receiver of such an interest.

(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 renunciation or disclaimer had not been made.

(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. No renunciation or disclaimer of an interest shall be included in such order unless the recipient of the interest has been given notice of the renunciation or disclaimer and has not refused to accept the interest.

(f) A renunciation or disclaimer of an interest that is subject to the rules for intestate succession trust land interest of less than five percent may not be in favor of more than one person. [Ord. 50A § 9209, amended, 6/22/2017.]