Within what timeframe must a disclaimer be filed with the Surrogate Court to be effective?

Within what timeframe must a disclaimer be filed with the Surrogate Court to be effective?

• A. Within 9 months of the decedent's death
• B. Within 30 days of execution
• C. Within 1 year of the decedent's death
• D. Within 7 days of death

Answer: (A)

Disclaimers of an inherited interest in New York must be filed with the Surrogate Court within nine months after the decedent’s death. This deadline is what makes a disclaimer effective, because it allows the renunciation to be treated as if the beneficiary predeceased the decedent, so the asset can pass to the next taker under the will or by intestacy. Filing after that nine-month window is generally not effective, and the asset remains part of the decedent’s estate or passes to the expected beneficiaries. (The disclaimer must also be in writing and filed properly with the court.)

Disclaimers of an inherited interest in New York must be filed with the Surrogate Court within nine months after the decedent’s death. This deadline is what makes a disclaimer effective, because it allows the renunciation to be treated as if the beneficiary predeceased the decedent, so the asset can pass to the next taker under the will or by intestacy. Filing after that nine-month window is generally not effective, and the asset remains part of the decedent’s estate or passes to the expected beneficiaries. (The disclaimer must also be in writing and filed properly with the court.)