Can a minor wait until age 18 (more than 9 months after dad's passing) to disclaim real property interest in California?

Question

Dad passed away intestate in CA in May 2023, creating interest in real property in San Diego allocated 1/3 to my mom and 2/3 to my brother (age 17) and me (age 25). 
 
My brother & I want to disclaim our interest. I just recorded my Disclaimer of Interest in the Recorder's Office. Thank you to James Arrasmith for explaining this process in an earlier post. 
 
We have 2 questions, please: 
 
Since my brother is a minor, can he wait until he turns 18 (which will be 15 months after dad's passing) to sign, notarize, and record his Disclaimer of Interest? We could not find mention of this in CA Probate Code. Section 277 discusses disclaiming on behalf of a minor, but we want to know if my brother can simply wait until he turns 18, which will be more than the 9 month reasonable time requirement after dad's passing specified in Section 279. 
 
If my brother can wait until he turns 18, which section of the CA Probate Code allows this? 
 
Thank you in advance for your help with these questions.

James L. Arrasmith · Answer

In California, the general rule is that a disclaimer of interest in an estate, including real property, must be filed within nine months of the event creating the interest (in this case, your father's passing). This rule is outlined in California Probate Code Section 279. However, the situation can be different for minors. 
 
For a minor, like your brother, the nine-month period for disclaiming an interest typically does not begin until they reach the age of majority, which is 18 in California. This means that your brother should be able to wait until he turns 18 to file his disclaimer. The rationale is that a minor cannot legally make this kind of decision and therefore cannot be held to the same timeline as an adult. 
 
While the specific provision allowing this extension for minors is not explicitly stated in the California Probate Code, it is a generally accepted interpretation of the law, based on the principle that minors lack legal capacity to make such decisions before reaching the age of majority. 
 
It's advisable to consult with an attorney to confirm this approach and to ensure that the disclaimer is properly executed and recorded, as the laws and interpretations can be complex, especially when dealing with estates and minors.

Q: Can a minor wait until age 18 (more than 9 months after dad's passing) to disclaim real property interest in California?