{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-2610.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-2610.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-2610.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-2610.html"}],"law_id":376121,"edition_id":2,"section_id":376121,"structure_id":53488,"section_number":"64.2-2610","catch_line":"Delivery or filing","history":"2003, c. 253, \u00a7 64.1-196.11; 2012, c. 614.","full_text":"A\n\nIn this section, “beneficiary designation” means an instrument, other than an instrument creating a trust, naming the beneficiary of (i) an annuity or insurance policy; (ii) an account with a designation for payment on death; (iii) a security registered in beneficiary form; (iv) a pension, profit-sharing, retirement, or other employment-related benefit plan; or (v) any other nonprobate transfer at death.\n\nB\n\nSubject to subsections C through L, delivery of a disclaimer may be effected by personal delivery, first-class mail, or any other method likely to result in its receipt.\n\nC\n\nIn the case of an interest created under the law of intestate succession or an interest created by will, other than an interest in a testamentary trust, (i) a disclaimer shall be delivered to the personal representative of the decedent’s estate or (ii) if no personal representative is then serving, it shall be filed with a court having jurisdiction to appoint the personal representative.\n\nD\n\nIn the case of an interest in a testamentary trust, (i) a disclaimer shall be delivered to the trustee then serving or, if no trustee is then serving, to the personal representative of the decedent’s estate or (ii) if no personal representative is then serving, it shall be filed with a court having jurisdiction to enforce the trust.\n\nE\n\nIn the case of an interest in an inter vivos trust, (i) a disclaimer shall be delivered to the trustee then serving; (ii) if no trustee is then serving, it shall be filed with a court having jurisdiction to enforce the trust; or (iii) if the disclaimer is made before the time the instrument creating the trust becomes irrevocable, it shall be delivered to the settlor of a revocable trust or the transferor of the interest.\n\nF\n\nIn the case of an interest created by a beneficiary designation made before the time the designation becomes irrevocable, a disclaimer shall be delivered to the person making the beneficiary designation.\n\nG\n\nIn the case of an interest created by a beneficiary designation made after the time the designation becomes irrevocable, a disclaimer shall be delivered to the person obligated to distribute the interest.\n\nH\n\nIn the case of a disclaimer by a surviving holder of jointly held property, the disclaimer shall be delivered to the person to whom the disclaimed interest passes.\n\nI\n\nIn the case of a disclaimer by an object or taker in default of exercise of a power of appointment at any time after the power was created, (i) the disclaimer shall be delivered to the holder of the power or to the fiduciary acting under the instrument that created the power or (ii) if no fiduciary is then serving, it shall be filed with a court having authority to appoint the fiduciary.\n\nJ\n\nIn the case of a disclaimer by an appointee of a nonfiduciary power of appointment, (i) the disclaimer shall be delivered to the holder, the personal representative of the holder’s estate, or the fiduciary under the instrument that created the power or (ii) if no fiduciary is then serving, it shall be filed with a court having authority to appoint the fiduciary.\n\nK\n\nIn the case of a disclaimer by a fiduciary of a power over a trust or estate, the disclaimer shall be delivered as provided in subsection C, D, or E, as if the power disclaimed were an interest in property.\n\nL\n\nIn the case of a disclaimer of a power by an agent, the disclaimer shall be delivered to the principal or the principal’s representative.\n\n","order_by":null,"text":{"0":{"id":1404378,"text":"In this section, “beneficiary designation” means an instrument, other than an instrument creating a trust, naming the beneficiary of (i) an annuity or insurance policy; (ii) an account with a designation for payment on death; (iii) a security registered in beneficiary form; (iv) a pension, profit-sharing, retirement, or other employment-related benefit plan; or (v) any other nonprobate transfer at death.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1404379,"text":"Subject to subsections C through L, delivery of a disclaimer may be effected by personal delivery, first-class mail, or any other method likely to result in its receipt.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1404380,"text":"In the case of an interest created under the law of intestate succession or an interest created by will, other than an interest in a testamentary trust, (i) a disclaimer shall be delivered to the personal representative of the decedent’s estate or (ii) if no personal representative is then serving, it shall be filed with a court having jurisdiction to appoint the personal representative.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1404381,"text":"In the case of an interest in a testamentary trust, (i) a disclaimer shall be delivered to the trustee then serving or, if no trustee is then serving, to the personal representative of the decedent’s estate or (ii) if no personal representative is then serving, it shall be filed with a court having jurisdiction to enforce the trust.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":1404382,"text":"In the case of an interest in an inter vivos trust, (i) a disclaimer shall be delivered to the trustee then serving; (ii) if no trustee is then serving, it shall be filed with a court having jurisdiction to enforce the trust; or (iii) if the disclaimer is made before the time the instrument creating the trust becomes irrevocable, it shall be delivered to the settlor of a revocable trust or the transferor of the interest.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":1404383,"text":"In the case of an interest created by a beneficiary designation made before the time the designation becomes irrevocable, a disclaimer shall be delivered to the person making the beneficiary designation.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":1404384,"text":"In the case of an interest created by a beneficiary designation made after the time the designation becomes irrevocable, a disclaimer shall be delivered to the person obligated to distribute the interest.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":1404385,"text":"In the case of a disclaimer by a surviving holder of jointly held property, the disclaimer shall be delivered to the person to whom the disclaimed interest passes.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":1404386,"text":"In the case of a disclaimer by an object or taker in default of exercise of a power of appointment at any time after the power was created, (i) the disclaimer shall be delivered to the holder of the power or to the fiduciary acting under the instrument that created the power or (ii) if no fiduciary is then serving, it shall be filed with a court having authority to appoint the fiduciary.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":1404387,"text":"In the case of a disclaimer by an appointee of a nonfiduciary power of appointment, (i) the disclaimer shall be delivered to the holder, the personal representative of the holder’s estate, or the fiduciary under the instrument that created the power or (ii) if no fiduciary is then serving, it shall be filed with a court having authority to appoint the fiduciary.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"10":{"id":1404388,"text":"In the case of a disclaimer by a fiduciary of a power over a trust or estate, the disclaimer shall be delivered as provided in subsection C, D, or E, as if the power disclaimed were an interest in property.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"11":{"id":1404389,"text":"In the case of a disclaimer of a power by an agent, the disclaimer shall be delivered to the principal or the principal’s representative.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K"}},"ancestry":[{"id":53488,"edition_id":2,"name":"Uniform Disclaimer of Property Interests Act","identifier":"26","label":"chapter","depth":3,"order_by":5,"parent_id":53483,"metadata":{"child_laws":15,"child_structures":0},"date_created":"2026-08-02 03:17:09","date_modified":"2026-08-02 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12:37:05","permalink":{"id":1499783,"object_type":"structure","relational_id":53424,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":376111,"structure_id":53488,"section_number":"64.2-2600","catch_line":"Definitions","url":"\/64.2-2600\/","token":"64.2\/V\/26\/64.2-2600","metadata":false},{"id":376112,"structure_id":53488,"section_number":"64.2-2601","catch_line":"Scope","url":"\/64.2-2601\/","token":"64.2\/V\/26\/64.2-2601","metadata":false},{"id":376113,"structure_id":53488,"section_number":"64.2-2602","catch_line":"Chapter supplemented by other law","url":"\/64.2-2602\/","token":"64.2\/V\/26\/64.2-2602","metadata":false},{"id":376114,"structure_id":53488,"section_number":"64.2-2603","catch_line":"Power to disclaim; general requirements; when irrevocable","url":"\/64.2-2603\/","token":"64.2\/V\/26\/64.2-2603","metadata":false},{"id":376115,"structure_id":53488,"section_number":"64.2-2604","catch_line":"Disclaimer of interest in property","url":"\/64.2-2604\/","token":"64.2\/V\/26\/64.2-2604","metadata":false},{"id":376116,"structure_id":53488,"section_number":"64.2-2605","catch_line":"Disclaimer of rights of survivorship in jointly held property","url":"\/64.2-2605\/","token":"64.2\/V\/26\/64.2-2605","metadata":false},{"id":376117,"structure_id":53488,"section_number":"64.2-2606","catch_line":"Disclaimer of interest by trustee","url":"\/64.2-2606\/","token":"64.2\/V\/26\/64.2-2606","metadata":false},{"id":376118,"structure_id":53488,"section_number":"64.2-2607","catch_line":"Disclaimer of power of appointment or other power not held in a fiduciary capacity","url":"\/64.2-2607\/","token":"64.2\/V\/26\/64.2-2607","metadata":false},{"id":376119,"structure_id":53488,"section_number":"64.2-2608","catch_line":"Disclaimer by appointee, object, or taker in default of exercise of power of appointment","url":"\/64.2-2608\/","token":"64.2\/V\/26\/64.2-2608","metadata":false},{"id":376120,"structure_id":53488,"section_number":"64.2-2609","catch_line":"Disclaimer of power held in fiduciary capacity","url":"\/64.2-2609\/","token":"64.2\/V\/26\/64.2-2609","metadata":false},{"id":376121,"structure_id":53488,"section_number":"64.2-2610","catch_line":"Delivery or filing","url":"\/64.2-2610\/","token":"64.2\/V\/26\/64.2-2610","metadata":false},{"id":376122,"structure_id":53488,"section_number":"64.2-2611","catch_line":"When disclaimer barred or limited","url":"\/64.2-2611\/","token":"64.2\/V\/26\/64.2-2611","metadata":false},{"id":376123,"structure_id":53488,"section_number":"64.2-2612","catch_line":"Tax qualified disclaimer","url":"\/64.2-2612\/","token":"64.2\/V\/26\/64.2-2612","metadata":false},{"id":376124,"structure_id":53488,"section_number":"64.2-2613","catch_line":"Recording of disclaimer","url":"\/64.2-2613\/","token":"64.2\/V\/26\/64.2-2613","metadata":false},{"id":376125,"structure_id":53488,"section_number":"64.2-2614","catch_line":"Application to existing relationships","url":"\/64.2-2614\/","token":"64.2\/V\/26\/64.2-2614","metadata":false}],"previous_section":{"id":376120,"structure_id":53488,"section_number":"64.2-2609","catch_line":"Disclaimer of power held in fiduciary capacity","url":"\/64.2-2609\/","token":"64.2\/V\/26\/64.2-2609","metadata":false},"next_section":{"id":376122,"structure_id":53488,"section_number":"64.2-2611","catch_line":"When disclaimer barred or limited","url":"\/64.2-2611\/","token":"64.2\/V\/26\/64.2-2611","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2610\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 253<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":[{"id":376114,"section_number":"64.2-2603","catch_line":"Power to disclaim; general requirements; when irrevocable","order_by":null,"url":"\/64.2-2603\/"}],"refers_to":false,"permalink":{"id":1502927,"object_type":"law","relational_id":376121,"identifier":"64.2-2610","token":"64.2\/V\/26\/64.2-2610","url":"\/64.2-2610\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-2610\/","token":"64.2\/V\/26\/64.2-2610","dublin_core":{"Title":"Delivery or filing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2610","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In this section, “beneficiary designation<\/span>” means an instrument, other than an instrument creating a trust<\/span>, naming the beneficiary of (i) an annuity or insurance policy; (ii) an account with a designation for payment on death; (iii) a security registered in beneficiary form; (iv) a pension, profit-sharing, retirement, or other employment-related benefit plan; or (v) any other nonprobate transfer at death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Subject to subsections C through L, delivery of a disclaimer<\/span> may be effected by personal delivery, first-class mail, or any other method likely to result in its receipt. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the case of an interest created under the law<\/span> of intestate succession or an interest created by will<\/span>, other than an interest in a testamentary trust<\/span>, (i) a disclaimer<\/span> shall be delivered to the personal representative<\/span> of the decedent’s estate or (ii) if no personal representative<\/span> is then serving, it shall be filed with a court<\/span> having jurisdiction<\/span> to appoint the personal representative<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In the case of an interest in a testamentary trust<\/span>, (i) a disclaimer<\/span> shall be delivered to the trustee<\/span> then serving or, if no trustee<\/span> is then serving, to the personal representative<\/span> of the decedent’s estate or (ii) if no personal representative<\/span> is then serving, it shall be filed with a court<\/span> having jurisdiction<\/span> to enforce the trust<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In the case of an interest in an inter vivos trust<\/span>, (i) a disclaimer<\/span> shall be delivered to the trustee<\/span> then serving; (ii) if no trustee<\/span> is then serving, it shall be filed with a court<\/span> having jurisdiction<\/span> to enforce the trust<\/span>; or (iii) if the disclaimer<\/span> is made before the time the instrument creating the trust<\/span> becomes irrevocable, it shall be delivered to the settlor of a revocable trust<\/span> or the transferor of the interest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In the case of an interest created by a beneficiary designation<\/span> made before the time the designation becomes irrevocable, a disclaimer<\/span> shall be delivered to the person<\/span> making the beneficiary designation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In the case of an interest created by a beneficiary designation<\/span> made after the time the designation becomes irrevocable, a disclaimer<\/span> shall be delivered to the person<\/span> obligated to distribute the interest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> In the case of a disclaimer<\/span> by a surviving holder of jointly held property<\/span>, the disclaimer<\/span> shall be delivered to the person<\/span> to whom the disclaimed interest<\/span> passes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> In the case of a disclaimer<\/span> by an object<\/span> or taker in default<\/span> of exercise of a power of appointment at any time after the power was created, (i) the disclaimer<\/span> shall be delivered to the holder of the power or to the fiduciary<\/span> acting under the instrument that created the power or (ii) if no fiduciary<\/span> is then serving, it shall be filed with a court<\/span> having authority to appoint the fiduciary<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> In the case of a disclaimer<\/span> by an appointee of a nonfiduciary power of appointment, (i) the disclaimer<\/span> shall be delivered to the holder, the personal representative<\/span> of the holder’s estate, or the fiduciary<\/span> under the instrument that created the power or (ii) if no fiduciary<\/span> is then serving, it shall be filed with a court<\/span> having authority to appoint the fiduciary<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> In the case of a disclaimer<\/span> by a fiduciary<\/span> of a power over a trust<\/span> or estate, the disclaimer<\/span> shall be delivered as provided in subsection C, D, or E, as if the power disclaimed were an interest in property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> In the case of a disclaimer<\/span> of a power by an agent, the disclaimer<\/span> shall be delivered to the principal or the principal’s representative. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDELIVERY OR FILING (\u00a7 64.2-2610)\n\nA. In this section, “beneficiary designation” means an instrument,\nother than an instrument creating a trust, naming the beneficiary of (i) an\nannuity or insurance policy; (ii) an account with a designation for payment on\ndeath; (iii) a security registered in beneficiary form; (iv) a pension,\nprofit-sharing, retirement, or other employment-related benefit plan; or (v) any\nother nonprobate transfer at death.\n\nB. Subject to subsections C through L, delivery of a disclaimer may be effected\nby personal delivery, first-class mail, or any other method likely to result in\nits receipt.\n\nC. In the case of an interest created under the law of intestate succession or\nan interest created by will, other than an interest in a testamentary trust, (i)\na disclaimer shall be delivered to the personal representative of the\ndecedent’s estate or (ii) if no personal representative is then serving,\nit shall be filed with a court having jurisdiction to appoint the personal\nrepresentative.\n\nD. In the case of an interest in a testamentary trust, (i) a disclaimer shall be\ndelivered to the trustee then serving or, if no trustee is then serving, to the\npersonal representative of the decedent’s estate or (ii) if no personal\nrepresentative is then serving, it shall be filed with a court having\njurisdiction to enforce the trust.\n\nE. In the case of an interest in an inter vivos trust, (i) a disclaimer shall be\ndelivered to the trustee then serving; (ii) if no trustee is then serving, it\nshall be filed with a court having jurisdiction to enforce the trust; or (iii)\nif the disclaimer is made before the time the instrument creating the trust\nbecomes irrevocable, it shall be delivered to the settlor of a revocable trust\nor the transferor of the interest.\n\nF. In the case of an interest created by a beneficiary designation made before\nthe time the designation becomes irrevocable, a disclaimer shall be delivered to\nthe person making the beneficiary designation.\n\nG. In the case of an interest created by a beneficiary designation made after\nthe time the designation becomes irrevocable, a disclaimer shall be delivered to\nthe person obligated to distribute the interest.\n\nH. In the case of a disclaimer by a surviving holder of jointly held property,\nthe disclaimer shall be delivered to the person to whom the disclaimed interest\npasses.\n\nI. In the case of a disclaimer by an object or taker in default of exercise of a\npower of appointment at any time after the power was created, (i) the disclaimer\nshall be delivered to the holder of the power or to the fiduciary acting under\nthe instrument that created the power or (ii) if no fiduciary is then serving,\nit shall be filed with a court having authority to appoint the fiduciary.\n\nJ. In the case of a disclaimer by an appointee of a nonfiduciary power of\nappointment, (i) the disclaimer shall be delivered to the holder, the personal\nrepresentative of the holder’s estate, or the fiduciary under the\ninstrument that created the power or (ii) if no fiduciary is then serving, it\nshall be filed with a court having authority to appoint the fiduciary.\n\nK. In the case of a disclaimer by a fiduciary of a power over a trust or estate,\nthe disclaimer shall be delivered as provided in subsection C, D, or E, as if\nthe power disclaimed were an interest in property.\n\nL. In the case of a disclaimer of a power by an agent, the disclaimer shall be\ndelivered to the principal or the principal’s representative.\n\nHISTORY: 2003, c. 253, \u00a7 64.1-196.11; 2012, c. 614.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}