Disclaimer of interest under will, intestacy, TOD, joint tenancy, insurance, retirement account: file within 9 months (safe-harbor)
9 months after date of death of the creator of the interest (or, if later, the date the interest became indefeasibly vested), under Cal. Prob. Code 279(b).
Rule text
(b) In the case of any of the following interests, a disclaimer is conclusively presumed to have been filed within a reasonable time if it is filed within nine months after the death of the creator of the interest or within nine months after the interest becomes indefeasibly vested, whichever occurs later:
Calculate this deadline
- Trigger (Date of death of the creator of the interest (or, if later, the date the interest became indefeasibly vested)): Friday, November 6, 2026.
- Add 9 months: Friday, August 6, 2027.
Cal. Prob. Code 279(b)
(b) In the case of any of the following interests, a disclaimer is conclusively presumed to have been filed within a reasonable time if it is filed within nine months after the death of the creator of the interest or within nine months after the interest becomes indefeasibly vested, whichever occurs later:Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10, 17(b)(4), applied to probate proceedings by Prob. Code 1000; Cal. Rules of Court, rule 1.10
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CCP 17(b)(4): "“Month” means a calendar month, unless otherwise expressed." Prob. Code 1000(a): "Except to the extent that this code provides applicable rules, the rules of practice applicable to civil actions, including discovery proceedings and proceedings under Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice in, proceedings under this code."Official source
- Conclusive presumption of timeliness, not an absolute bar: a later disclaimer may still be timely if filed within a reasonable time after knowledge (279(a), (f)), but the disclaimant then bears the burden. Living trusts, inter vivos gifts and powers of appointment use 279(c) (nine months after the LATEST of creation, first knowledge, or vesting); future estates use 279(e). Federal qualified-disclaimer timing (IRC 2518) is separate and not modeled. roll none: conservative.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date of death of the creator of the interest (or, if later, the date the interest became indefeasibly vested) on Monday, March 15, 2027, personal service: due Wednesday, December 15, 2027.
- Trigger (Date of death of the creator of the interest (or, if later, the date the interest became indefeasibly vested)): Monday, March 15, 2027.
- Add 9 months: Wednesday, December 15, 2027.
Notes
Conclusive presumption of timeliness, not an absolute bar: a later disclaimer may still be timely if filed within a reasonable time after knowledge (279(a), (f)), but the disclaimant then bears the burden. Living trusts, inter vivos gifts and powers of appointment use 279(c) (nine months after the LATEST of creation, first knowledge, or vesting); future estates use 279(e). Federal qualified-disclaimer timing (IRC 2518) is separate and not modeled. roll none: conservative.
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.