2021 California Code
Probate Code - PROB
DIVISION 2 - GENERAL PROVISIONS
PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS
CHAPTER 2 - General Provisions
Section 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.
(Enacted by Stats. 1990, Ch. 79.)
