Madison County Disclaimer of Interest Form

Additional North Carolina and Madison County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Madison County

Properties in any of these areas use Madison County forms:

• Hot Springs
• Mars Hill
• Marshall

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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.

Important: Your property must be located in Madison 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 Madison County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Madison 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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