North Carolina Disclaimer of Interest

A beneficiary of an interest in property in North Carolina can renounce all or part of a bequeathed interest in, or power over, that property under N.C.G.S. 31.B-1, as long as it has not been accepted through actions that indicate ownership or through a written waiver of the right to disclaim (N.C.G.S. 31.B-4).

The written renunciation 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.

A renunciation must be filed within nine months of the transfer (e.g. the death of the creator of the interest) with the clerk of court in the county where proceedings for the administration of the estate have commenced or could commence (N.C.G.S. 31B-2(c)). In the case of real property, record the disclaimer with the register of deeds in the county where the property is located (N.C.G.S. 31B-2(d)). In addition, the renunciation must be delivered to the personal representative of the decedent's estate or the trustee (N.C.G.S. 31B-2.1).

A renunciation is irrevocable and binding for the renouncing party and those claiming under him or her, so be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property.

Deeds.com North Carolina Disclaimer of Interest Forms Have Been Updated as Recently as Thursday March 11, 2021

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