Wash. Rev. Code § 11.86.031

Current through 2024

Section 11.86.031 - Contents of disclaimer-Time and filing requirements-Fee

(1) The disclaimer must:

(a) Be in writing;

(b) Be signed by the disclaimant;

(c) Identify the interest to be disclaimed; and

(d) State the disclaimer and the extent thereof.

(2) The disclaimer must be delivered or mailed as provided in subsection (3) of this section at any time after the creation of the interest, but in all events by nine months after the latest of:

(a) The date the beneficiary attains the age of twenty-one years;

(b) The date of the transfer;

(c) The date that the beneficiary is finally ascertained and the beneficiary's interest is indefeasibly vested; or

(d) December 17, 2010, if the date of the transfer is the date of the death of the creator of the interest and the creator dies after December 31, 2009, and before December 18, 2010.

(3) The disclaimer shall be mailed by first-class mail, or otherwise delivered, to the creator of the interest, the creator's legal representative, or the holder of the legal title to the property to which the interest relates or, if the creator is dead and there is no legal representative or holder of legal title, to the person having possession of the property.

(4) If the date of the transfer is the date of the death of the creator of the interest, a copy of the disclaimer may be filed with the clerk of the probate court in which the estate of the creator is, or has been, administered, or, if no probate administration has been commenced, then with the clerk of the court of any county provided by law as the place for probate administration of such person, where it shall be indexed under the name of the decedent in the probate index upon the payment of a fee established under *RCW 36.18.016.

(5) The disclaimer of an interest in real property may be recorded, but shall constitute notice to all persons only from and after the date of recording. If recorded, a copy of the disclaimer shall be recorded in the office of the auditor in the county or counties where the real property is situated.

RCW 11.86.031

Amended by 2011 c 113,§ 3, eff. 4/18/2011.

1995 c 292 § 4; 1989 c 34 § 3.

See 2011 c 113, § 4.

*Reviser's note: The fee specified in RCW 36.18.016 for the filing of a disclaimer was deleted by section 18, chapter 457, Laws of 2005.

Finding-Retroactive application-Application-Construction-Effective date- 2011 c 113 : See notes following RCW 11.108.090.