Smith County Disclaimer of Interest Form

Additional Mississippi and Smith County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Smith County

Properties in any of these areas use Smith County forms:

• Mize
• Raleigh
• Taylorsville

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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: Your property must be located in Smith County to use these forms. Documents should be recorded at the county recording office listed above.

This Disclaimer of Interest meets all recording requirements specific to Smith County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Smith County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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