Virginia Disclaimer of Interest
County or Independent City Forms
Where is the property located?
Accomack CountyAlbemarle CountyAlexandria CityAlleghany CountyAmelia CountyAmherst CountyAppomattox CountyArlington CountyAugusta CountyBath CountyBedford CountyBland CountyBotetourt CountyBristol CountyBrunswick CountyBuchanan CountyBuckingham CountyBuena Vista CityCampbell CountyCaroline CountyCarroll CountyCharles CityCharlotte CountyCharlottesville CityChesapeake CityChesterfield CountyClarke CountyColonial Heights CityCovington CityCraig CountyCulpeper CountyCumberland CountyDanville CityDickenson CountyDinwiddie CountyEssex CountyFairfax CountyFairfax CityFalls Church CityFauquier CountyFloyd CountyFluvanna CountyFranklin CountyFranklin CityFrederick CountyFredericksburg CityGalax CityGiles CountyGloucester CountyGoochland CountyGrayson CountyGreene CountyGreensville CountyHalifax CountyHampton CityHanover CountyHarrisonburg CityHenrico CountyHenry CountyHighland CountyHopewell CityIsle Of Wight CountyJames CityKing And Queen CountyKing George CountyKing William CountyLancaster CountyLee CountyLexington CityLoudoun CountyLouisa CountyLunenburg CountyLynchburg CityMadison CountyManassas CityManassas Park CityMartinsville CityMathews CountyMecklenburg CountyMiddlesex CountyMontgomery CountyNelson CountyNew Kent CountyNewport News CityNorfolk CityNorthampton CountyNorthumberland CountyNorton CityNottoway CountyOrange CountyPage CountyPatrick CountyPetersburg CityPittsylvania CountyPoquoson CityPortsmouth CityPowhatan CountyPrince Edward CountyPrince George CountyPrince William CountyPulaski CountyRadford CountyRappahannock CountyRichmond CountyRichmond CityRoanoke CountyRoanoke CityRockbridge CountyRockingham CountyRussell CountySalem CountyScott CountyShenandoah CountySmyth CountySouthampton CountySpotsylvania CountyStafford CountyStaunton CitySuffolk CitySurry CountySussex CountyTazewell CountyVirginia Beach CityWarren CountyWashington CountyWaynesboro CityWestmoreland CountyWilliamsburg CityWinchester CityWise CountyWythe CountyYork CountyDisclaimer of Interest for Real Estate Located in Virginia
A beneficiary of an interest in property (real estate) in Virginia can renounce all or part of a bequeathed interest in, or power over, that property under Va. Code 64.2-2603(a), as long as it has not been accepted through actions that indicate ownership or transferred in any way (Va. Code 64.2-2611(b)). The written disclaimer must identify the creator of the interest, provide a description of the disclaimed interest, a declaration of the disclaimer and its extent, and it needs to be signed by the disclaiming party (Va. Code 64.2-2603(d)).
Deliver the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) to the personal representative of the decedent's estate or the court having jurisdiction to appoint such a person (Va. Code 64.2-2610(c)); other scenarios are outlined in the remaining sections of Va. Code 64.2-2610. In the case of real property, record the disclaimer with the clerk of the circuit court in the city or county where the property is located (Va. Code 64.2-26).
A disclaimer is irrevocable and binding for the disclaiming party and those claiming under him or her (Va. Code 64.2-2603(f)), so be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property or if the disclaimed interest arises out of jointly-owned property.
(Virginia DOI Package includes form, guidelines, and completed example)