New Jersey Disclaimer of Interest
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Disclaimer of Interest for Real Estate Located in New Jersey
A beneficiary of an interest in property in New Jersey can renounce all or part of a bequeathed interest in, or power over, that property under N.J.S. 3B:9-2(b), as long as it has not been accepted through actions that indicate ownership or through a written waiver of the right to disclaim.
The written disclaimer should 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.
File the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) in the office of the surrogate or clerk of the Superior Court where proceedings for the administration of the estate have commenced or could commence (N.J.S. 3B:9-6(a)). In the case of real property, the surrogate or clerk of the Superior Court will forward a copy of the disclaimer for filing to the clerk or register of deeds in the county where the property is located (N.J.S. 3B:9-6(d)). In addition, the disclaimer must be delivered to the personal representative of the decedent's estate or the trustee (N.J.S. 3B:9-6(a)).
A disclaimer is irrevocable and binding for the disclaiming party and those claiming under him or her (N.J.S. 3B:9-10), so be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property.
(New Jersey DOI Package includes form, guidelines, and completed example)