New Hampshire Disclaimer of Property Interests

Under the New Hampshire Statutes, the beneficiary of an interest in property may disclaim the gift, either in part or in full (RSA 563-B: Uniform Disclaimer of Property Interests Act). 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 ( 563-B: 5).

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 disclaiming party (563-B: 3).

Deliver the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) to the personal representative or other fiduciary of the decedent's estate, to the trustee, the holder of legal title, or the person entitled to the property in case of a disclaimer. In addition, file a copy with the probate court of the county that has jurisdiction over proceedings regarding the estate of the deceased donor. If real property is involved, record a copy of the disclaimer in the registry of deeds of the county in which the property is located in order to avoid any ambiguity regarding the chain of title (563-B: 2).

A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors (563-B: 4), so be sure to consult an attorney when in doubt about the drawbacks and benefits. If the interest arises out of jointly-owned property, seek legal advice as well.

(New Hampshire 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

Renounce a property interest for tax planning purposes
Disclaim an interest in a trust that holds real property
Formally decline a property bequest under a will
Decline a property interest received through joint tenancy
Renounce rights to a property to avoid creditor claims
Formally disclaim an interest in gifted real estate
Decline a partial interest in a property you do not want

Compare other New Hampshire deed forms and documents

Quitclaim Deed Manufactured Housing Quitclaim Deed Manufactured Housing Warranty Deed Correction Deed Grant Deed Gift Deed Warranty Deed Special Warranty Deed Easement Deed Termination of Easement Fiduciary Deed Mortgage Deed and Security Agreement Discharge of Mortgage Assignment of Mortgage Revocable Transfer on Death Deed Revocation of Revocable Transfer on Death Deed Notice of Death Affidavit Waiver by Surviving Spouse Real Estate Purchase and Sales Agreement Memorandum and Notice of Agreement Full Release of Memorandum and Notice of Agreement Trustee Certificate Petition for Ex Parte Attachment Notice of Intention to File a Mechanics Lien Assignment of Lien Partial Lien Waiver Release of Mechanic Lien Final Lien Waiver Notice to Construction Lender Owners Affidavit Contractor Affidavit Subcontractor Affidavit Subcontractor Notice Subcontractor Monthly Notice

Important: County-Specific Forms

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

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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