Disclaimer (Disclaiming an Inheritance): Definition and How It Works in California

By Eric Ridley, attorney, Ridley Law. Updated September 2026.

A disclaimer is a beneficiary’s written, irrevocable refusal to accept an inheritance. The property then passes as if the disclaiming person had died before the decedent, and a disclaimer made within nine months is presumed timely.

How it works in California

Prob. Code, §§ 260-295 lets a beneficiary disclaim an inheritance instead of accepting it, whether the gift comes from a will, a trust, an intestate share, or a beneficiary designation. The disclaimer has to be in writing, signed, and it can’t be taken back once filed. Once it’s effective, the disclaiming beneficiary is treated as if they died before the person who left the gift, and the property passes to whoever would have received it under that assumption.

Under Prob. Code, § 279, a disclaimer filed within nine months after the creator’s death, or within nine months after the interest becomes indefeasibly vested, whichever is later, is conclusively presumed to have been filed within a reasonable time. A disclaimer filed later can still be valid, but the person relying on it has to show it was still timely under the circumstances.

Why it matters

A beneficiary might disclaim for tax planning, to keep an inheritance out of their own creditor or divorce exposure, or simply because they’d rather see the property go directly to their own children. For example, an adult child who’s financially secure might disclaim a modest inheritance so it passes directly to their own children instead of moving through their estate twice.

Common mistakes

People sometimes disclaim after already accepting a benefit from the property, such as using inherited funds or living in an inherited house, which can undercut the disclaimer’s validity. Others wait past the nine-month window without checking whether a later disclaimer would still count as timely, or assume a disclaimer lets them redirect the property to a person of their choosing rather than letting the law decide who receives it next.

Related terms

• Beneficiary: only a beneficiary who hasn’t already accepted the gift can disclaim it.
• Intestate Succession: decides who receives a disclaimed gift when the underlying document doesn’t name a backup beneficiary.

Part of the California estate planning glossary. For the full treatment, see How to Disclaim (Refuse) an Inheritance in California.