SECTIONS 275-288 - California Statutes

PROBATE CODE

SECTION 275-288

275. A beneficiary may disclaim any interest, in whole or in part,
by filing a disclaimer as provided in this part.

276. A disclaimer on behalf of a conservatee shall be made by the
conservator of the estate of the conservatee pursuant to a court
order obtained under Article 10 (commencing with Section 2580) of
Chapter 6 of Part 4 of Division 4 authorizing or requiring the
conservator to execute and file the disclaimer.

277. (a) A disclaimer on behalf of a minor shall be made by the
guardian of the estate of the minor if one has been appointed or, if
none has been appointed, by a guardian ad litem of the minor. A
disclaimer by a guardian is not effective unless made pursuant to a
court order obtained under this section.
(b) A disclaimer on behalf of a decedent shall be made by the
personal representative of the decedent. Except as provided in Part 6
(commencing with Section 10400) of Division 7, a disclaimer by a
guardian or personal representative is not effective unless made
pursuant to a court order obtained under this section.
(c) A petition for an order authorizing or requiring a guardian or
personal representative to execute and file a disclaimer shall be
filed in the superior court in the county in which the estate of the
minor or decedent is administered or, if there is no administration,
the superior court in any county in which administration would be
proper. The petition may be filed by the guardian, personal
representative, or other interested person.
(d) The petition shall:
(1) Identify the creator of the interest.
(2) Describe the interest to be disclaimed.
(3) State the extent of the disclaimer.
(4) Identify the person or persons the petitioner believes would
take the interest in the event of the disclaimer.
(e) Notice of the hearing on the petition shall be given as
follows:
(1) If the petition is for an order authorizing or requiring the
guardian of the estate of a minor to execute and file the disclaimer,
notice of the hearing on the petition shall be given for the period
and in the manner provided in Chapter 3 (commencing with Section
1460) of Part 1 of Division 4 to all of the persons required to be
given notice under that chapter.
(2) If the petition is for an order authorizing or requiring the
personal representative of a decedent to execute and file the
disclaimer, notice of the hearing on the petition shall be given as
provided in Section 1220.
(3) If the petition is for an order authorizing or requiring a
guardian ad litem of a minor to execute and file the disclaimer,
notice of the hearing on the petition shall be given to the persons
and in the manner that the court shall by order direct.
(f) After hearing, the court in its discretion may make an order
authorizing or requiring the guardian or personal representative to
execute and file the disclaimer if the court determines, taking into
consideration all of the relevant circumstances, that the minor or
decedent as a prudent person would disclaim the interest if he or she
had the capacity to do so.

278. The disclaimer shall be in writing, shall be signed by the
disclaimant, and shall:
(a) Identify the creator of the interest.
(b) Describe the interest to be disclaimed.
(c) State the disclaimer and the extent of the disclaimer.

279. (a) A disclaimer to be effective shall be filed within a
reasonable time after the person able to disclaim acquires knowledge
of the interest.
(b) In the case of any of the following interests, a disclaimer is
conclusively presumed to have been filed within a reasonable time if
it is filed within nine months after the death of the creator of the
interest or within nine months after the interest becomes
indefeasibly vested, whichever occurs later:
(1) An interest created under a will.
(2) An interest created by intestate succession.
(3) An interest created pursuant to the exercise or nonexercise of
a testamentary power of appointment.
(4) An interest created by surviving the death of a depositor of a
Totten trust account or P.O.D. account.
(5) An interest created under a life insurance or annuity
contract.
(6) An interest created by surviving the death of another joint
tenant.
(7) An interest created under an employee benefit plan.
(8) An interest created under an individual retirement account,
annuity, or bond.
(c) In the case of an interest created by a living trust, an
interest created by the exercise of a presently exercisable power of
appointment, an outright inter vivos gift, a power of appointment, or
an interest created or increased by succession to a disclaimed
interest, a disclaimer is conclusively presumed to have been filed
within a reasonable time if it is filed within nine months after
whichever of the following times occurs latest:
(1) The time of the creation of the trust, the exercise of the
power of appointment, the making of the gift, the creation of the
power of appointment, or the disclaimer of the disclaimed property.
(2) The time the first knowledge of the interest is acquired by
the person able to disclaim.
(3) The time the interest becomes indefeasibly vested.
(d) In case of an interest not described in subdivision (b) or
(c), a disclaimer is conclusively presumed to have been filed within
a reasonable time if it is filed within nine months after whichever
of the following times occurs later:
(1) The time the first knowledge of the interest is acquired by
the person able to disclaim.
(2) The time the interest becomes indefeasibly vested.
(e) In the case of a future estate, a disclaimer is conclusively
presumed to have been filed within a reasonable time if it is filed
within whichever of the following times occurs later:
(1) Nine months after the time the interest becomes an estate in
possession.
(2) The time specified in subdivision (b), (c), or (d), whichever
is applicable.
(f) If the disclaimer is not filed within the time provided in
subdivision (b), (c), (d), or (e), the disclaimant has the burden of
establishing that the disclaimer was filed within a reasonable time
after the disclaimant acquired knowledge of the interest.

280. (a) A disclaimer shall be filed with any of the following:
(1) The superior court in the county in which the estate of the
decedent is administered or, if there is no administration of the
decedent's estate, the superior court in any county in which
administration of the estate of the decedent would be proper.
(2) The trustee, personal representative, other fiduciary, or
person responsible for distributing the interest to the beneficiary.
(3) Any other person having custody or possession of or legal
title to the interest.
(4) The creator of the interest.
(b) If a disclaimer made pursuant to this part affects real
property or an obligation secured by real property and the disclaimer
is acknowledged and proved in like manner as a grant of real
property, the disclaimer may be recorded in like manner and with like
effect as a grant of real property, and all statutory provisions
relating to the recordation or nonrecordation of conveyances of real
property and to the effect thereof apply to the disclaimer with like
effect, without regard to the date when the disclaimer was filed
pursuant to subdivision (a). Failure to file a disclaimer pursuant to
subdivision (a) which is recorded pursuant to this subdivision does
not affect the validity of any transaction with respect to the real
property or the obligation secured thereby, and the general laws on
recording and its effect govern any such transaction.

281. A disclaimer, when effective, is irrevocable and binding upon
the beneficiary and all persons claiming by, through, or under the
beneficiary, including creditors of the beneficiary.

282. (a) Unless the creator of the interest provides for a specific
disposition of the interest in the event of a disclaimer, the
interest disclaimed shall descend, go, be distributed, or continue to
be held (1) as to a present interest, as if the disclaimant had
predeceased the creator of the interest or (2) as to a future
interest, as if the disclaimant had died before the event determining
that the taker of the interest had become finally ascertained and
the taker's interest indefeasibly vested. A disclaimer relates back
for all purposes to the date of the death of the creator of the
disclaimed interest or the determinative event, as the case may be.
(b) Notwithstanding subdivision (a), where the disclaimer is filed
on or after January 1, 1985:
(1) The beneficiary is not treated as having predeceased the
decedent for the purpose of determining the generation at which the
division of the estate is to be made under Part 6 (commencing with
Section 240) or other provision of a will, trust, or other
instrument.
(2) The beneficiary of a disclaimed interest is not treated as
having predeceased the decedent for the purpose of applying
subdivision (d) of Section 6409 or subdivision (b) of Section 6410.

283. A disclaimer is not a fraudulent transfer by the beneficiary
under Chapter 1 (commencing with Section 3439) of Title 2 of Part 2
of Division 4 of the Civil Code.

284. A person who could file a disclaimer under this part may
instead file a written waiver of the right to disclaim. The waiver
shall specify the interest to which the waiver applies. Upon being
filed as provided in Section 280, the waiver is irrevocable and is
binding upon the beneficiary and all persons claiming by, through, or
under the beneficiary.

285. (a) A disclaimer may not be made after the beneficiary has
accepted the interest sought to be disclaimed.
(b) For the purpose of this section, a beneficiary has accepted an
interest if any of the following occurs before a disclaimer is filed
with respect to that interest:
(1) The beneficiary, or someone acting on behalf of the
beneficiary, makes a voluntary assignment, conveyance, encumbrance,
pledge, or transfer of the interest or part thereof, or contracts to
do so; provided, however, that a beneficiary will not have accepted
an interest if the beneficiary makes a gratuitous conveyance or
transfer of the beneficiary's entire interest in property to the
person or persons who would have received the property had the
beneficiary made an otherwise qualified disclaimer pursuant to this
part.
(2) The beneficiary, or someone acting on behalf of the
beneficiary, executes a written waiver under Section 284 of the right
to disclaim the interest.
(3) The beneficiary, or someone acting on behalf of the
beneficiary, accepts the interest or part thereof or benefit
thereunder.
(4) The interest or part thereof is sold at a judicial sale.
(c) An acceptance does not preclude a beneficiary from thereafter
disclaiming all or part of an interest if both of the following
requirements are met:
(1) The beneficiary became entitled to the interest because
another person disclaimed an interest.
(2) The beneficiary or other person acting on behalf of the
beneficiary at the time of the acceptance had no knowledge of the
interest to which the beneficiary so became entitled.
(d) The acceptance by a joint tenant of the joint tenancy interest
created when the joint tenancy is created is not an acceptance by
the joint tenant of the interest created when the joint tenant
survives the death of another joint tenant.

286. The right to disclaim exists regardless of any limitation
imposed on the interest of a beneficiary in the nature of an
expressed or implied spendthrift provision or similar restriction.

287. An interest created before January 1, 1984, that has not been
accepted may be disclaimed after December 31, 1983, in the manner
provided in this part, but no interest that arose before January 1,
1984, in a person other than the beneficiary may be destroyed or
diminished by any action of the disclaimant taken pursuant to this
part.

288. This part does not limit or abridge any right a person may
have under any other law to assign, convey, or release any property
or interest, but after December 31, 1983, an interest that would
otherwise be taken by a beneficiary may be declined, refused,
renounced, or disclaimed only as provided in this part.