Q: Must I file/record Disclaimer of Interest for real property with county? Or just give to person distributing interest?
Dad passed away without a will. He purchased a house in San Diego County prior to marrying his wife/my mom, so it's a separate real property. Our residency is in Los Angeles County. Per intestate succession, the San Diego house will transfer 1/3 to his wife, and 2/3 to my brother & me. My brother & I will disclaim our interest so that it transfers fully to our mom.
After my brother & I each fill out & notarize the Disclaimer of Interest forms, do we need to file/record the two forms with any agency or court? Or just provide the forms to my mom, who is the "person responsible for distributing the interest to the beneficiary" AND has interest to 1/3 of the San Diego house? With regards to filing/recording, I'm unclear about the process described in CA Probate Code section 280.
If we need to file/record the Disclaimer of Interest, with which agency or court do we do it, since he lived in Los Angeles County, but the separate real property is in San Diego County?
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A:
In California, when disclaiming an interest in real property, it's not only about completing and notarizing the Disclaimer of Interest forms, but also properly recording them. According to California Probate Code section 280, a disclaimer must be filed with the court having jurisdiction over the decedent's estate. In your case, since your father's primary residence was in Los Angeles County, the court in that county would generally have jurisdiction.
Additionally, for real property, such as the house in San Diego County, the disclaimer should also be recorded in the county where the property is located. This means you would need to record the disclaimers in San Diego County. Recording the disclaimer with the county recorder ensures that it becomes a part of the official property records, clarifying the chain of title and your and your brother's relinquishment of any interest in the property.
Your mother, as the person responsible for distributing the interest, should also be given copies of the recorded disclaimers. This will assist her in the distribution process and provide her with the necessary documentation to demonstrate that you and your brother have legally refused your inheritances.
It's advisable to consult with an attorney who can guide you through the process to ensure that all legal requirements are met, and the disclaimers are properly handled.
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