Delaware Disclaimer of Interest
County Specific Legal Forms Validated as recently as May 11, 2026 by our Forms Development Team
About the Delaware Disclaimer of Interest
How to Use This Form
- Select your county from the list on the left
- 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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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.
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
What Others Like You Are Saying
"A better or more simplified explanation of what some of the more common titles would be used for wou…"
"Excellent same day service. Will use for future ones in several states!"
"I thought your site was focused on my specific county, but it wasn't. Therefore, I did not complete …"
"The process was very friendly and easy to use. I appreciated the status updates as well as clear ins…"
"Very easy to choose template and download. The price seems fair. Not sure the section on the deed fo…"
Common Uses for Disclaimer of Interest
- Disclaim an interest to allow property to pass to your children
- Decline an inherited property interest to redirect it to another heir
- Renounce a community property interest after a spouse's death
- Renounce a property interest for tax planning purposes
Compare other Delaware deed forms and documents
Important: County-Specific Forms
Our disclaimer of interest forms are specifically formatted for each county in Delaware.
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.