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Florida Disclaimer of Interest

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 Forms Have Been Updated as Recently as Tuesday February 11, 2020

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Florida Disclaimer of Interest Form