Connecticut Disclaimer of Interest

Under the Connecticut statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (General Statutes 802g-45a-578 to 590). 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 (802g-45a-579 & 583 (c)).

Deliver the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) to the legal representative of the decedent's estate, or with the probate court having jurisdiction over said estate (802g-45a-579 & 583 (d) (3)). In the case of real property, record a copy of the disclaimer in the office of the town clerk in the town in which the property is situated in order to make it effective against any person other than the disclaimant (802g-45a-579 & 583 (d) (4)).

A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors, 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.