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Massachusetts Disclaimer of Interest

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.

Deeds.com Massachusetts Disclaimer of Interest Forms Have Been Updated as Recently as Friday June 14, 2019

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What others like you are saying:


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Reply from Staff: Thank you!


Mark W. said: Easy, simple and fast. I am familiar with deeds in my state and these looked correct. The common missed document of TRANSFER OF REAL ESTATE VALUE document was also included. Kudos on being complete.

Reply from Staff: Thanks Mark, we really appreciate your feedback.


James W. said: It turned out that I was able to search for what I needed on the local county website, which is what your site suggested be tried. I was impressed with your honesty and practical instructions for searches your site gave. I'm pretty sure I'll be back.

Reply from Staff: Thank you for your feedback James. Glad to hear we were able to steer you in the right direction.


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Reply from Staff: Thank you!


Glenella J. said: I wish you had the older deeds online to look at. Other than that, I was very satisfied with my experience.

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


Ellen O K. said: Good experience. Easy peasy. :)

Reply from Staff: Thank you Ellen, have a wonderful day!


Massachusetts Disclaimer of Interest Form