Massachusetts Disclaimer of Interest
County Specific Legal Forms Validated as recently as September 3, 2026 by our Forms Development Team
About the Massachusetts Disclaimer of Interest
How to Use This Form
- Select your county from the list
- 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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A beneficiary of an interest in property in Massachusetts can renounce all or part of a bequeathed interest in, or power over, that property under M.G.L. ch.190B 2.801(a). This only works as long as it has not been accepted through actions that indicate ownership or been transferred in any way (M.G.L. ch.190B 2.801(h)). 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 the disclaiming party must sign in front of a notary (M.G.L. ch.190B 2.801(d)).
File the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) with the probate court (M.G.L. ch.190B 2.801(c) and (e)). In the case of real property, acknowledge the disclaimer as is required for a deed and record the disclaimer in the registry of deeds for the county or district in which the property is located, which will constitute notice to everyone. In addition, deliver a copy of the disclaimer to the person or legal entity having custody or possession of the property.
A disclaimer is irrevocable and binding for the disclaiming party, 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.
(Massachusetts DOI Package includes form, guidelines, and completed example)
Important: County-Specific Forms
Our disclaimer of interest forms are specifically formatted for each of the 14 counties in Massachusetts.
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.