Kansas Disclaimer of Interest

As part of the Kansas Statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (K.S.A. 59-2291 to 59-2294). Note that the option to disclaim is not available to beneficiaries who have acted in any way to indicate acceptance or ownership of the property (K.S.A. 59-2293 (b)); nor is it available to welfare recipients (K.S.A. 39-709).

The disclaimer 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 (K.S.A. 59-2291 (b)).

File and record the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest or other qualifying event) in the district court in which the estate of the decedent is or may be administered. Also, deliver, or send by certified mail, a copy of the instrument to the individual who created the interest or to his/her personal representative, or to the holder of legal title to the property (K.S.A. 59-2292). If real property is involved, record a copy with the register of deeds in the county in which the disclaimed property is located in order to avoid any confusion in the chain of title.

A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors (K.S.A. 59-2293), so be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property. If the disclaimed interest arises out of jointly-owned property, seek legal advice as well.

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