Under the Arkansas statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (Ark. Code Ann. 28-2-201 to 28-2-221 Uniform Disclaimer of Property Interests Act). Note that the option to disclaim is only available to beneficiaries who have not acted in any way to indicate acceptance or ownership of the interest.

The disclaimer must be in writing and include a description of the interest, a declaration of intent to disclaim all or a defined portion of the interest, and be signed by the disclaimant (Ark. Code Ann. 28-2-205 (c)).

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 file it with a court having jurisdiction to appoint such a representative (Ark. Code Ann. 28-2-212 (c)). In the case of real property, record a copy of the disclaimer in the office of the circuit clerk of the county in which the property or interest disclaimed is located (Ark. Code Ann. 28-2-215 (a)).

A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors (Ark. Code Ann. 28-2-205 (e)), so be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property. If the disclaimed interest arises out of jointly-owned property, seek legal advice as well.

(Arkansas Disclaimer of Interest Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Disclaimer of Interest

Renounce a community property interest after a spouse's death
Renounce a property interest for tax planning purposes
Formally disclaim an interest in gifted real estate
Decline a property interest received through joint tenancy

Compare other Arkansas deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Scrivener's Error Affidavit Statutory Durable Power of Attorney Specific Power of Attorney for the Sale of Property Limited Power of Attorney for the purchase of Property Mortgage Secured by Promissory Note Satisfaction of Mortgage Satisfaction Affidavit Deed of Trust and Promissory Note Deed of Trust with Installment of Taxes and Insurance Satisfaction of Deed of Trust Assignment of Mortgage or Deed of Trust Substitute of Trustee for Deed of Trust Purchasers Agreement (Cash Terms) Purchaser's Agreement (with installment payments) Memorandum and Notice of Agreement Full Release of Memorandum and Notice of Agreement Easement Deed Termination, Cancellation of Easement / Right of Way Personal Representative Deed Beneficiary Deed Beneficiary Deed Revocation Notice to Owner Notice of Intent to File Affidavit of Service Claim of Mechanics Lien Waiver of Mechanic Lien Release of Mechanic Lien Lis Pendens Lis Pendens Release Certificate of Trust Mineral Deed Mineral Deed with Quitclaim Covenants

Important: County-Specific Forms

Our disclaimer of interest forms are specifically formatted for each county in Arkansas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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