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

Wash. Rev. Code § 11.86.051 (2026)

✓ current as of May 2026
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(1) A beneficiary may not disclaim an interest if:
(a) The beneficiary has accepted the interest or a benefit thereunder;
(b) The beneficiary has assigned, conveyed, encumbered, pledged, or otherwise transferred the interest, or has contracted therefor;
(c) The interest has been sold or otherwise disposed of pursuant to judicial process; or
(d) The beneficiary has waived the right to disclaim in writing. The written waiver of the right to disclaim also is binding upon all persons claiming through or under the beneficiary.
(2) Notwithstanding the provisions of subsection (1)(a) through (c) of this section, a beneficiary's receipt of a benefit from property shall not necessarily bar such beneficiary's disclaimer of an interest in the same property when, prior to the date of the transfer of the interest to be disclaimed, the beneficiary already owned an interest in such property in joint tenancy, as community property, or otherwise. Any such receipt, in the absence of clear and convincing evidence to the contrary, shall be presumed to be an enjoyment or use of the interest the beneficiary already owned, and only after such interest and any benefit from such interest have been exhausted, shall the beneficiary be deemed to have received or accepted any part of the interest to be disclaimed.
[ 2000 c 24 s 1; 1989 c 34 s 5.]
Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1991–2024 · leading case: State v. Sullivan, 19 P.3d 1012 (Wash. 2001).
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State v. Sullivan, 19 P.3d 1012 (Wash. 2001). “185(7); RCW 11.86.051(1); RCW 19.16.250(13); RCW 62A.”
State v. Sullivan, 143 Wash. 2d 162 (Wash. 2001). “185(7); RCW 11.86.051(1); RCW 19.16.250(13); RCW 62A.”
Essen v. Gilmore, 607 N.W.2d 829 (Neb. 2000). “1999); Wash. Rev. Code Ann. § 11.86.051 (West 1998).”
Dyer v. Eckols, 808 S.W.2d 531 (Tex. App. 1991). “§ 3B:9-9 (West 1990); and Wash.Rev.Code Ann. § 11.86.051 (Supp.1991).”
Leipham v. Adams, 894 P.2d 576 (Wash. Ct. App. 1995). “] RCW 11.86.051. Similarly, the federal statute reads: For purposes of subsection (a), the term “qualified disclaimer” means an irrevocable and unqualified refusal by a person to accept an interest in property but only if — (3) such person has not accepted the interest or any of…”
State v. Duffey, 981 P.2d 1 (Wash. Ct. App. 1999). “is the exclusive court for seeking judicial process for the privilege of attending and witnessing an execution”); RCW 11.86.051(3) (“The interest has been sold or otherwise disposed of pursuant to judicial process[.”
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). “For example, RCW 11.86.051(1)(c) anticipates that an interest may not be disclaimed if sold “or otherwise disposed of pursuant to judicial process.”
Diana M. Ferara, V. Kristy, Johnny, Nancy & Alicia Ferara (Wash. Ct. App. 2023). “For example, RCW 11.86.051(1)(c) anticipates that an interest may not be disclaimed if sold “or otherwise disposed of pursuant to judicial process.”
Diana M. Ferara, V. Kristy, Johnny, Nancy & Alicia Ferara (Wash. Ct. App. 2024). “For example, RCW 11.86.051(1)(c) anticipates that an interest may not be disclaimed if sold “or otherwise disposed of pursuant to judicial process.”
— Wash. Rev. Code § 11.86.051(1) — 2 cases
State v. Sullivan, 19 P.3d 1012 (Wash. 2001). “185(7); RCW 11.86.051(1); RCW 19.16.250(13); RCW 62A.”
State v. Sullivan, 143 Wash. 2d 162 (Wash. 2001). “185(7); RCW 11.86.051(1); RCW 19.16.250(13); RCW 62A.”
— Wash. Rev. Code § 11.86.051(1)(c) — 3 cases
Diana M. Ferara, V. Kristy, Johnny, Nancy & Alicia Ferara (Wash. Ct. App. 2023). “For example, RCW 11.86.051(1)(c) anticipates that an interest may not be disclaimed if sold “or otherwise disposed of pursuant to judicial process.”
Diana M. Ferara, V. Kristy, Johnny, Nancy & Alicia Ferara (Wash. Ct. App. 2023). “For example, RCW 11.86.051(1)(c) anticipates that an interest may not be disclaimed if sold “or otherwise disposed of pursuant to judicial process.”
Diana M. Ferara, V. Kristy, Johnny, Nancy & Alicia Ferara (Wash. Ct. App. 2024). “For example, RCW 11.86.051(1)(c) anticipates that an interest may not be disclaimed if sold “or otherwise disposed of pursuant to judicial process.”
— Wash. Rev. Code § 11.86.051(1)(d) — 1 case
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.”
— Wash. Rev. Code § 11.86.051(3) — 1 case
State v. Duffey, 981 P.2d 1 (Wash. Ct. App. 1999). “is the exclusive court for seeking judicial process for the privilege of attending and witnessing an execution”); RCW 11.86.051(3) (“The interest has been sold or otherwise disposed of pursuant to judicial process[.”
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