A beneficiary of an interest in property in Florida can disclaim all or part of a bequeathed interest in or power over property according to the Florida Uniform Disclaimer of Property Interests Act (Estates and Trusts Code, Chapter 739). This document must be in writing, declared a disclaimer, signed by the beneficiary or a legally authorized representative, and witnessed and acknowledged like a deed (739.104).

The disclaimant must record the disclaimer with the clerk of the court in the county where the property is located, as well as deliver it to the legal representative of the decedent, the fiduciary or administrator of the estate, or to the person to whom title to the property will pass (739.601).

Once effective, the disclaimer is irrevocable and the disclaimed interest "passes according to any provision in the instrument creating the interest providing explicitly for the disposition of the interest" (739.201). Be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property.

(Florida Disclaimer of Interest Package includes form, guidelines, and completed example)

Important: County-Specific Forms

Our disclaimer of interest forms are specifically formatted for each county in Florida.

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.

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

Common Uses for Disclaimer of Interest

Transfer property between family members
Add or remove names from property titles
Transfer property into or out of trusts
Correct errors in previously recorded deeds
Gift property to others

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