If an heir or devisee wants to refuse any portion or all of the assets they are to receive under the probate estate, he may sign a disclaimer. Disclaimers of any interest in or power over property, whenever created, are outlined in A.S. 13.70.010-195. A person is generally allowed to disclaim any interest in any property under these statutes.
A disclaimer must be in writing, declare that the writing is a disclaimer, describe the interest or power disclaimed, and be signed by the person making the disclaimer. In a probate case, the disclaimer must be delivered to the personal representative. It is important that the disclaimant not accept or use the property being disclaimed or the disclaimer may be barred.
The disclaimer may be a partial disclaimer expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property. A person may also disclaim their rights of survivorship in jointly held property or property held as tenancy by the entirety.
Any disclaimer that is also a tax-qualified disclaimer under the Internal Revenue Code is still subject to the time limits under 26 U.S.C. even though no time limits are specified in the Alaska Statutes.