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.

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

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

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Common Uses for Disclaimer of Interest

Formally disclaim an interest in gifted real estate
Formally decline a property bequest under a will
Redirect a property inheritance to the next beneficiary in line
Disclaim an interest in a trust that holds real property
Renounce rights to a property to avoid creditor claims
Renounce a property interest for tax planning purposes

Compare other Georgia deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination, Cancellation of Easement / Right of Way Mineral Deed Mineral Deed with Quitclaim Covenants Trustee Deed Assent to Devise Executor Deed Administrator Deed Transfer on Death Deed Transfer on Death Deed for Joint Tenants with Right of Survivorship Revocation of Transfer on Death Deed Preliminary Notice of Mechanics Lien Claim of Mechanics Lien Notice of Contest of Lien Interim Lien Waiver and Release Affidavit of Non Payment Final Lien Waiver and Release Release of Claim of Lien Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Power of Attorney Deed to Secure Debt and Promissory Note Assignment of Security Deed Cancellation of Security Deed Purchase and Sale Agreement Memorandum of Purchase and Sale Agreement Full Release of Memorandum of Purchase and Sale Agreement Certificate of Trust Lis Pendens Lis Pendens Discharge

Important: County-Specific Forms

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

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.

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