Wills and Trusts Bar Practice Exam 2026 - Free Bar Exam Practice Questions and Study Guide

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What is the time frame for filing a disclaimer after a decedent's death?

6 months

9 months

The correct time frame for filing a disclaimer after a decedent's death is generally established as 9 months. A disclaimer allows a beneficiary to refuse to accept property or benefits that they would otherwise receive from a will or trust, effectively treating the property as though the beneficiary had predeceased the decedent.

The 9-month period is a common rule in many jurisdictions, aligning with the timeframe set forth in the Uniform Probate Code and various state laws, which encourages beneficiaries to make prompt decisions regarding their inheritance. By establishing this time period, the law ensures that the estate can be settled efficiently and beneficiaries can clarify their intentions without unnecessary delay.

This timeline is crucial because if a beneficiary does not file a disclaimer within this specified period, they may lose the opportunity to refuse inheritance and will be bound to accept the property, with all associated implications. Understanding the importance of this timeframe is fundamental for individuals dealing with estates and wills to navigate their rights and responsibilities effectively.

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