Probate Division - Disclaimers (DIS)
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General Information
Under the law of the District of Columbia, a disclaimer is defined as the refusal to accept an interest in or power over property. The effect of a disclaimer is to allow the interest to pass to an alternate beneficiary. The disclaimer extinguishes the interest in a property as if that interest had never been granted.
There is no disclaimer form. The disclaimer must: (1) be in a writing or other record; (2) declare the disclaimer; (3) describe the interest or power disclaimed; (4) be signed by the person making the disclaimer; (5) be delivered or filed in the manner provided by D.C. Code, sec. 19-1512 and include the telephone number and street address of the disclaimant.
The law on disclaimers may be found in Title 19 of the D.C. Code, Chapter 15 at http://dccode.westgroup.com.
A disclaimer is filed in the Probate Division at the Probate Clerk’s Office located at 515 5th Street, NW, Room 314, Washington, DC 20001. The original disclaimer will be filed in a DIS case jacket and is assigned a case number. If there is an estate case on record, the DIS case will be linked in the Court’s computer system to the estate case, and a copy of the disclaimer will be docketed and scanned into the record of the estate case.
Forms
Frequently Asked Questions
What is the Court cost for filing a disclaimer?
None.
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If I disclaim, who should I mail it to?
Please see D.C. Code, sec. 19-1512 to determine how the disclaimer is to be delivered. The Probate Division cannot give such legal advice; please seek the advice of an attorney.
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What is the deadline for filing a disclaimer?
There is no deadline for filing a disclaimer. However, you may wish to consult with a tax attorney about the effect of any Federal, State, or local deadlines if the disclaimers are being filed for tax purposes.
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What documents need to be verified to be filed in the Probate Division?
The following pleadings must be verified to be filed in the Probate Division:
- All Petitions - SCR-PD 2(b) and 3
- Complaints filed in Probate Matters - SCR-PD 107(a), and 208(a)
- Accounts - D.C. Code 20-721
- Inventories - D.C. Code 20-711
- Guardian Reports - SCR-PD 328
- Assignments - SCR-PD 120 and 420
- Claims - D.C. Code 20-905(a)
- Affidavits of Mailing and Non-Mailing in Standard Probate - SCR-PD 403(a)(8)
- Any Affidavit - SCR-CIV 9
- Verification and Certificate of Notice - SCR-PD 403(b)(3)
- Certificate of Completion - SCR-PD 426
According to SCR-CIV 11, no other pleadings need be verified. Accordingly, motions, answers, responses and oppositions do not need to be verified.
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