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)

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

Decline an inherited property interest to redirect it to another heir
Renounce a property interest for tax planning purposes
Disclaim an interest to allow property to pass to your children
Decline a partial interest in a property you do not want
Decline a property interest received through joint tenancy

Compare other Mississippi deed forms and documents

Quitclaim Deed Quitclaim Deed Reserving Life Estate Gift Deed Warranty Deed Warranty Deed Reserving Life Estate Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Trustee Deed for Inter Vivos Trust Revocable Transfer on Death Deed Revocation of Transfer on Death Deed Executor Deed Administrator Deed Mineral Deed Mineral Deed with Quitclaim Covenants General Durable Power of Attorney Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Deed of Trust and Promissory Note Assignment of Deed of Trust Release of Deed of Trust Substitution of Trustee Trustee Deed for Sale of Foreclosed Property Assignment of Leases and Rents Authority to Cancel Assignment of Leases and Rents Contract for the Sale and Purchase Of Real Property Memorandum of Contract Full Release of Memorandum of Contract Certificate of Trust Lis Pendens Release of Lis Pendens

Important: County-Specific Forms

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

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