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)

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

Disclaim an interest to allow property to pass to your children
Renounce rights to a property to avoid creditor claims
Decline a partial interest in a property you do not want
Renounce a community property interest after a spouse's death
Decline a property interest received through joint tenancy
Renounce a property interest for tax planning purposes
Formally decline a property bequest under a will

Compare other Kansas deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Limited Warranty Deed Grant Deed Correction Deed Easement Deed Termination, Cancellation of Easement / Right of Way Mineral Deed Mineral Deed with Quitclaim Covenants Limited Power of Attorney for Sale Limited Power of Attorney for Purchase Contract for Deed Affidavit for Equitable Interest Release of Affidavit of Equitable Interest Mortgage Instrument and Promissory Note Discharge of Mortgage Assignment of Mortgage Assignment of Leases and Rents Release of Assignment of Leases and Rents Memorandum of Lease Transfer on Death Deed Transfer on Death Deed Revocation Transfer on Death Affidavit Trustee Deed Administrator Deed Executor Deed Executor Deed with Power of Sale Certificate of Trust

Important: County-Specific Forms

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

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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