Delaware Disclaimer of Interest

County Specific Legal Forms Validated as recently as June 24, 2026 by our Forms Development Team

Delaware Disclaimer of Interest
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About the Delaware Disclaimer of Interest

Delaware Disclaimer of Interest
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How to Use This Form

  1. Select your county from the list on the left
  2. Download the county-specific form
  3. Fill in the required information
  4. Have the document notarized if required
  5. 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

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

What Others Like You Are Saying

— Kerrin S.

"Wow, this was so easy & helpful. I didn't get it finished in time for recording, so I'm still wa…"

— Jane C.

"I wasn't sure what I was looking for initially so I printed out the wrong thing. Had to pay again to…"

— Ronald P.

"Forms easy to download but experienced problems trying to type in my information into the forms. The…"

— Georgia R.

"Great experience, fast and efficient, no hassle. Will use again!"

— Karelia W.

"Was a bit skeptical because I\'d never heard of it, but just got something submitted and confirmed r…"

Common Uses for Disclaimer of Interest

  • Formally disclaim an interest in gifted real estate
  • Decline a property interest received through joint tenancy
  • Decline an inherited property interest to redirect it to another heir
  • Renounce rights to a property to avoid creditor claims

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.