My Account Deeds.com Real Estate Deeds

New York Disclaimer of Interest

Renouncing Inherited Property in New York

A beneficiary of an interest in property in New York can disclaim a bequeathed asset or power (New York State Code, Estates, Powers, and Trusts, Article 2, 1.11). Such a renunciation, which must be in writing and signed by the beneficiary or a legally authorized representative, allows that beneficiary to disclaim his or her interest in the property, either in full or partially (1.11 (c) (1), 1.11 (f)).

The renunciation is only valid if the beneficiary has not indicated acceptance of the property, for example, through transfer or encumbrance, acceptance of any payment, or other actions (1.11 (g)). It must be acknowledged by a notary and accompanied by an affidavit stating that the beneficiary is not receiving monetary consideration in exchange for the renunciation (1.11 (c) (2)).

The statutes provide a nine-month window, to be extended at the discretion of the court, during which the beneficiary must file the renunciation document with the surrogate court in the county where the will or estate is being administered. The document must also be delivered to the fiduciary or administrator of the estate, or to the person holding legal title to the property (1.11 (c) (2)).

A renunciation is irrevocable (1.11 (h)) and has the same effect as though the beneficiary "had predeceased the creator or the decedent" (1.11 (e)). So, consult an attorney when in doubt about the drawbacks and benefits of renouncing inherited property.

Deeds.com New York Disclaimer of Interest Forms Have Been Updated as Recently as Tuesday April 9, 2019

4.7 out of 5 (477 Reviews)

What others like you are saying:


David K. said: Excellent instructions to guide one through the warranty deed.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Evelia G. said: I love this guide. Thank you for having this available.

Reply from Staff: Thanks so much for your feedback Evelia, have a fantastic day!


Ralph E. said: I wish I had found this site earlier!!! Not only was it helpful and just what I needed but I got my information so fast AND on the weekend. I would recommend this site to everyone. I plan on using it more. Its cheap and I can get my information while sitting at home. Very impressed!

Reply from Staff: Thank you for the kinds words Ralph. Have a great day!


Gary O. said: Easy to use,makes things easier,Thanks! Great Idea!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Any S. said: I was looking for realty transfer or deed in the name of ***** **** and could never find the list of realty transfers.

Reply from Staff: Thank you for the feedback Any. We do not offer searches by name, only by property.


shelley m. said: I thought the service was good

Reply from Staff: Thank you Shelley. Have a fantastic day!


New York Disclaimer of Interest Form