Pennsylvania Disclaimer of Interest

A beneficiary of an interest in property in Pennsylvania can disclaim all or part of a bequeathed interest in, or power over, that property under 20 PA Stat. Cons. Ch. 62. This document must be in writing, declared a disclaimer, signed by the disclaimant or a legally authorized representative, and describe the disclaimed property or portion of it ( 6201).

The disclaimer must be delivered to the transferor, donor or representative, trustee or person who has legal title. In the case of an interest passing by death, an executed counterpart may be filed with the clerk of the court in the county where the estate is or will be administered. If it pertains to real property, it may also be recorded with office of the recorder in the county where the property is situated ( 6204).

Even though the Pennsylvania statutes stipulate no time limit to the delivery, the disclaimer must be received no later than 9 months after the transfer is made (e.g. date of death) in order to comply with IRS regulations. In addition, the disclaimer is invalid if the disclaimant has accepted the property, i.e., performed any affirmative act that is consistent with ownership of property, such as acceptance, transfer, or sale of it ( 6206 (a)). A partial acceptance within six months does not preclude a disclaimer ( 6206 (b)).

Once effective, the disclaimer is irrevocable and binding to the disclaimant and all who claim under him or her (( 6205). Be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property.

(Pennsylvania DOI Package includes form, guidelines, and completed example)