Washington Disclaimer of Interest

A beneficiary of an interest in property in Washington can renounce all or part of a bequeathed interest in, or power over, that property under RCW 11.86.021 as long as it has not been accepted through actions that indicate ownership or transferred in any way (RCW 11.86.051). The written disclaimer must identify the creator of the interest, provide a description of the disclaimed interest, a declaration of the disclaimer and its extent, and it needs to be signed by the disclaiming party (RCW 11.86.031).

Deliver the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) to the personal representative of the decedent's estate or the court having jurisdiction to appoint such a person (RCW 11.86.031(3-4)). In the case of real property, record the disclaimer in the county where the property is located (RCW 11.86.031(5)).

A disclaimer is irrevocable and binding for the disclaiming party and those claiming under him or her, so be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property or if the disclaimed interest arises out of jointly-owned property.

(Washington DOI Package includes form, guidelines, and completed example)