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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What is the procedure for obtaining a foreign subpoena from the Probate Division?
Submit a copy of the foreign subpoena, a completed Probate Division PBM subpoena form http://www.dccourts.gov/dccourts/superior/probate/case_type_dis.jsp#forms, and a $10.00 fee for each subpoena requested to the Probate Clerk’s Office in the Probate Division on the third floor at 515 5th Street, NW, Washington, DC. Make sure that the names, addresses, and telephone numbers of all counsel of record and of all parties not represented by counsel are included either in the foreign subpoena or on the second page of the PBM subpoena form. If medical records are being requested, the copy of the foreign subpoena must be certified, and the filer will be referred to Judge-in-Chambers for issuance of the subpoena.
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