Michigan Disclaimer/Renunciation of Property - Description

A beneficiary of an interest in property in Michigan can disclaim and renounce all or part of a bequeathed interest in, or power over, that property under MCL 700.2902, as long as it has not been accepted through actions that indicate ownership or through a written waiver of the right to disclaim (MCL 700.2910).

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 disclaiming party (MCL 700.2903).

A disclaimer must be delivered in order to be valid, which can be done by mail or in person (MCL700.2906(1)). There is no time limit on this delivery in Michigan statutes, but federal guidelines require that it be received by the transferor, the legal representative, the trustee(s), or the current holder of title within nine months of the transfer (usually the death of the creator). The disclaimer may also be filed with the probate court that would or is going to handle the estate. In the case of real property, it can be recorded with the register of deeds in the county where the property is located (MCL 700.2906(3)).

A disclaimer functions as a non-acceptance rather than as transfer of the interest; it is irrevocable and binding for the disclaimant and those claiming under him or her (MCL 700.2909), so be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property.

(Michigan DOI 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 decline a property bequest under a will
Renounce a property interest for tax planning purposes
Disclaim an interest in a trust that holds real property
Renounce rights to a property to avoid creditor claims
Decline an inherited property interest to redirect it to another heir
Decline a property interest received through joint tenancy
Decline a partial interest in a property you do not want

Compare other Michigan deed forms and documents

Quitclaim Deed Lady Bird Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Warranty Deed with Enhanced Life Estate Mortgage Secured by Promissory Note Mortgage Subordination Assignment of Mortgage Discharge of Mortgage Partial Discharge of Mortgage Assignment of Leases and Rents Discharge of Assignment of Leases and Rents Land Contract Memorandum of Land Contract Full Discharge of Memorandum of Contract Durable Power of Attorney Power of Attorney - Seller Power of Attorney - Borrower/Buyer Mineral Deed Mineral Deed with Quitclaim Covenants Personal Representative Deed Notice of Commencement Notice of Furnishing Sworn Statement of Account Claim of Lien Partial Conditional Waiver of Lien Partial Unconditional Waiver of Lien Full Conditional Waiver of Lien Full Unconditional Waiver of Lien Discharge of Lien Certificate of Trust MCL 700.7913 Lis Pendens Lis Pendens Release

Important: County-Specific Forms

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

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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