Delaware Disclaimer of Interest

Delaware Disclaimer of Property Interest

Under the Delaware Code, the beneficiary of an interest in property may disclaim the gift, either in part or in full (12 Del. C. 601 to 617, Delaware Disclaimer 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 ( 614).

The document 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 ( 605 (c)).

Within nine months of the transfer (e.g., the death of the creator of the interest), deliver the document to the personal representative of the decedent's estate or the trustee. In addition, file it with the court that has jurisdiction over proceedings regarding the administration of the estate ( 612 (b)). If real property is involved, have document acknowledged as a deed and record a copy of it with the register of deeds in the county where the property is located in order to establish general validity ( 613).

A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors ( 605 (e)), so be sure to consult an attorney when in doubt about the drawbacks and benefits. If the interest arises out of jointly-owned property, seek legal advice as well.

Deeds.com Delaware Disclaimer of Interest Forms Have Been Updated as Recently as Friday July 31, 2020

4.8 out of 5 (1690 Reviews)

What others like you are saying:

Doreen P. said: I have uploaded 2 documents for E recording, I have searched thinking it would prompt me to a business customer service contact info tel no. ? I am concerned as to the fees related to the recording of both instruments? please advise? thank you

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

Sandra N. said: Very quick and painless process!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Rachel C. said: Excellent information, and form source.

Reply from Staff: Thank you!

Edith W. said: I was very pleased to be able to get all the legal forms, with instructions, I need to file a beneficiary deed specific to my county in one place. The downloads went smoothly. Deeds.com has saved me time and money by offering this service.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Anthony F. said: quick, easy and simple. Also thank you for having the e-submission area particularly with the Covid-19 /Shelter in place things happening.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

HELEN F. said: Was straight to the point... Easy to read instructions... smooth process

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!