Wash. Rev. Code » Title 11 · Chapter 11.86
Revised Code of Washington

Wash. Rev. Code § 11.86.021 (2026)

Disclaimer of interest authorized

✓ current as of May 2026
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(1) A beneficiary may disclaim an interest in whole or in part, or with reference to specific parts, shares or assets, in the manner provided in RCW 11.86.031.
(2) Likewise, a beneficiary may so disclaim through an agent or attorney so authorized by written instrument.
(3) A personal representative, guardian, attorney-in-fact if authorized under a durable power of attorney under chapter 11.125 RCW, or other legal representative of the estate of a minor, incompetent, or deceased beneficiary, may so disclaim on behalf of the beneficiary, with or without court order, if:
(a) The legal representative deems the disclaimer to be in the best interests of those interested in the estate of the beneficiary and of those who take the disclaimed interest because of the disclaimer, and not detrimental to the best interests of the beneficiary; and
(b) In the case of a conservatorship, no order has been issued under RCW 11.130.435 determining that the disclaimer is not in the best interests of the beneficiary.
[ 2020 c 312 s 711; 2016 c 209 s 402; 1989 c 34 s 2.]

Notes:

Effective dates—2020 c 312: See note following RCW 11.130.915.
Short title—Application—Uniformity—Federal law application—Federal electronic signatures in global and national commerce act—Application—Dates—Effective date—2016 c 209: See RCW 11.125.010 and 11.125.900 through 11.125.903.
Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 1997–2024 · leading case: In re the Est. of Baird, 933 P.2d 1031 (Wash. 1997).
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In re the Est. of Baird, 933 P.2d 1031 (Wash. 1997). “” RCW 11.86.021(1). "Interests” that may be disclaimed include: the whole of any property, real or personal, legal or equitable, or any fractional part .”
Matter of Est. of Baird, 933 P.2d 1031 (Wash. 1997). “" RCW 11.86.021(1). "Interests" that may be disclaimed include: *1035 the whole of any property, real or personal, legal or equitable, or any fractional part.”
Am. Fam. Life Ins. Co. v. Est. of Robert W Bradley (E.D. Wash. 2024). · cites it 2× “The Court of Appeals upheld the finding, 11 reasoning that RCW 11.86.021 sets limits on how a beneficiary could affirmatively 12 disclaim an interest but does not divest the court of its equitable powers under the 13 Trust and Estate Dispute Resolution Act, and such a finding…”
In re Est. of Petelle (Wash. 2020). “This conclusion is supported by the use of the word “may” in RCW 11.86.021 and, more pointedly, by the statute providing that disclaimer is barred when “[t]he beneficiary has waived the right to disclaim in writing” under RCW 11.”
Diana M. Ferara, V. Kristy, Johnny, Nancy & Alicia Ferara (Wash. Ct. App. 2023). “RCW 11.86.021, .031. But the statute sets limits only on how a beneficiary would affirmatively disclaim an interest; it does not divest the court of its equitable powers under TEDRA.”
Diana M. Ferara, V. Kristy, Johnny, Nancy & Alicia Ferara (Wash. Ct. App. 2023). “RCW 11.86.021, .031. But the statute sets limits only on how a beneficiary would affirmatively disclaim an interest; it does not divest the court of its equitable powers under TEDRA.”
Diana M. Ferara, V. Kristy, Johnny, Nancy & Alicia Ferara (Wash. Ct. App. 2024). “RCW 11.86.021, .031. But the statute sets limits only on how a beneficiary would affirmatively disclaim an interest; it does not divest the court of its equitable powers under TEDRA.”
— Wash. Rev. Code § 11.86.021(1) — 2 cases
In re the Est. of Baird, 933 P.2d 1031 (Wash. 1997). “” RCW 11.86.021(1). "Interests” that may be disclaimed include: the whole of any property, real or personal, legal or equitable, or any fractional part .”
Matter of Est. of Baird, 933 P.2d 1031 (Wash. 1997). “" RCW 11.86.021(1). "Interests" that may be disclaimed include: *1035 the whole of any property, real or personal, legal or equitable, or any fractional part.”
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