New Castle County Disclaimer of Interest Form

Additional Delaware and New Castle County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in New Castle County

Properties in any of these areas use New Castle County forms:

• Bear
• Claymont
• Delaware City
• Hockessin
• Kirkwood
• Middletown
• Montchanin
• New Castle
• Newark
• Odessa
• Port Penn
• Rockland
• Saint Georges
• Townsend
• Wilmington
• Winterthur
• Yorklyn

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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.

Important: Your property must be located in New Castle County to use these forms. Documents should be recorded at the county recording office listed above.

This Disclaimer of Interest meets all recording requirements specific to New Castle County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable New Castle County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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