Ariz. Rev. Stat. » Title 14
Arizona Revised Statutes

Ariz. Rev. Stat. § 14-10013 (2026)

When disclaimer barred or limited

✓ current as of May 2026
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14-10013. When disclaimer barred or limited

A. A disclaimer is barred by a written waiver of the right to disclaim.

B. A disclaimer of an interest in property is barred if any of the following events occurs before the disclaimer becomes effective:

1. The disclaimant accepts the interest sought to be disclaimed.

2. The disclaimant voluntarily assigns, conveys, encumbers, pledges or transfers the interest sought to be disclaimed or contracts to do so.

3. A judicial sale of the interest sought to be disclaimed occurs.

C. A disclaimer, in whole or in part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.

D. A disclaimer, in whole or in part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.

E. A disclaimer is barred or limited if so provided by law other than this chapter.

F. A disclaimer of a power over property that is barred by this section is ineffective.  A disclaimer of an interest in property that is barred by this section takes effect as a transfer of the interest disclaimed to the person who would have taken the interest under this chapter had the disclaimer not been barred.

 

Notes of Decisions
Cited in 1 case, 2012–2012 · leading case: Gardner v. Richardson, 283 P.3d 676 (Ariz. Ct. App. 2012).
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Gardner v. Richardson, 283 P.3d 676 (Ariz. Ct. App. 2012). · cites it 3× “” Arguing that Richardson was barred from disclaiming her interest under A.R.S. § 14-10013(B), Gardner sought to remove Richardson as a beneficiary and reduce her distribution to offset her willful failure to pay the Mortgage interest and expenses.”
— Ariz. Rev. Stat. § 14-10013(B) — 1 case
Gardner v. Richardson, 283 P.3d 676 (Ariz. Ct. App. 2012). “” Arguing that Richardson was barred from disclaiming her interest under A.R.S. § 14-10013(B), Gardner sought to remove Richardson as a beneficiary and reduce her distribution to offset her willful failure to pay the Mortgage interest and expenses.”
— Ariz. Rev. Stat. § 14-10013(B)(1) — 1 case
Gardner v. Richardson, 283 P.3d 676 (Ariz. Ct. App. 2012). “” Arguing that Richardson was barred from disclaiming her interest under A.R.S. § 14-10013(B), Gardner sought to remove Richardson as a beneficiary and reduce her distribution to offset her willful failure to pay the Mortgage interest and expenses.”
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