Disclaimer of Certain Property Interests

SECTION 34-5-3

§ 34-5-3. Disclaimer by fiduciaries.

The probate court having jurisdiction of the estate of a beneficiary is empowered to authorize the duly appointed guardian or conservator of the beneficiary or the legal representative of the estate of a deceased beneficiary to execute and file a disclaimer on behalf of the beneficiary or deceased beneficiary's estate in accordance with the provisions of this chapter. This authority shall be granted, notwithstanding any diminution in the size of the estate of the beneficiary or of the deceased beneficiary by virtue of the proposed disclaimer, upon finding that the proposed disclaimer is not detrimental to the interests of the beneficiary or of the estate of the deceased beneficiary, as the case may be.

History of Section.
(P.L. 1980, ch. 392, § 2.)