Mississippi Disclaimer of Interest
County Specific Legal Forms Validated as recently as September 3, 2026 by our Forms Development Team
About the Mississippi 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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Under the Mississippi statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (Miss. Code Ann. 89-21-1 to 89-21-17). Note that the option to disclaim is only available to beneficiaries who have not acted in any way to indicate acceptance or ownership of the interest.
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 (Miss. Code Ann. 89-21-7).
File the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) in the chancery court with jurisdiction over the administration of the estate. In addition, deliver a copy of it to the executor, administrator, or any other fiduciary of the decedent's estate, or to the current holder of legal title or possession (Miss. Code Ann. 89-21-5 (1)). In the case of real property, record the original disclaimer, or a copy certified by the clerk of the district court, in the office of the county clerk in the county (or counties) where the real estate is situated (Miss. Code Ann. 89-21-5 (3)).
A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors (Miss. Code Ann. 89-21-9 (2)), 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.
(Mississippi DOI Package includes form, guidelines, and completed example)
Important: County-Specific Forms
Our disclaimer of interest forms are specifically formatted for each of the 82 counties in Mississippi.
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.