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Georgia Disclaimer of Interest

Georgia Disclaimer/Renunciation of Property

A beneficiary of an interest in property in Georgia can disclaim and renounce all or part of a bequeathed interest in, or power over, that property under O.C.G.A. 53-1-20, as long as it has not been accepted through actions that indicate ownership or through a written waiver of the right to disclaim (53-1-20 (g)).

The written disclaimer must identify the creator of the interest, provide a description of the disclaimed interest, a declaration of the disclaimer and its extent, and it must be signed by the person making the renunciation (53-1-20 (c)).

The disclaimer must be filed, recorded and/or delivered pursuant to 53-1-20 (d) as follows:
* It must be received by the transferor, his legal representative, or the current holder of title within nine months of the transfer. This is consistent with the Internal Revenue Code Section 2518.
* It also may be filed with the probate court in the county where the estate proceedings are pending or could be commenced.
* In the case of real property, the renunciation may be recorded with the clerk of the superior court.

A disclaimer relates back to the death of the decedent or to the date it was created (53-1-20 (g)). It is irrevocable and binding to the disclaimant and generally to those who claim under him or her. Be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property.

Deeds.com Georgia Disclaimer of Interest Forms Have Been Updated as Recently as Thursday August 8, 2019

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Reply from Staff: Thank you!


Christine R. said: Ordering and directions were easy. The only thing missing in the instructions was how to record by mail. Thanks!

Reply from Staff: Thank you Christine. We'll work on making it more clear that one can find mailing information in our recording section. Have a great day!


Robert D. said: These forms made it so easy to update the property deed and the instructions and sample filled out form were most helpful. You might want to add some brief information on when or why to use the Acknowledgment in Individual Capacity notary form. In my case the notary was required to use it but also filled in the brief notarize section on the Affidavit as well. She said the one on the Affidavit had some value because it showed she had witnessed the my signature. But this was only after I suggested both be filled in as she initially thought to just strike through it and just use the Acknowledgment in Individual Capacity form.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


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Reply from Staff: Thank you Fred, have a great day!


lola d. said: wonderful

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Mark R. said: Easy and simple to understand, had no trouble with the transaction or the forms. Recorded on the first try, not something that happens very often.

Reply from Staff: Great to hear that Mark. have an awesome day!


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Georgia Disclaimer of Interest Form