Under the Tennessee Annotated Code, the beneficiary of an interest in property may renounce the gift, either in part or in full (T.C.A. 31-1-103(b)(1)(c)). Note that the option to disclaim is only available to beneficiaries who have not acted in any way to indicate acceptance or ownership of the interest (T.C.A. 31-1-103(b)(3)).

The disclaimer must be in writing and include a description of the interest, a declaration of intent to disclaim all or a defined portion of the interest, and be signed by the disclaimant (T.C.A. 31-1-103(b)(1)).

Deliver the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) to the personal representative of the decedent's estate or the court having jurisdiction to appoint such a person. In the case of real property, acknowledge the disclaimer as is required for a deed (T.C.A. 66-22-101) and record it in the county where the property is located (T.C.A. 31-1-103(b)(2)). In addition, deliver a copy of the disclaimer to the person or legal entity with current custody or possession of the property.

A disclaimer is irrevocable and binding for the disclaiming party, so be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property. If the disclaimed interest arises out of jointly-owned property, seek legal advice as well.

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

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Disclaimer of Interest

Renounce a community property interest after a spouse's death
Formally disclaim an interest in gifted real estate
Decline a partial interest in a property you do not want
Decline an inherited property interest to redirect it to another heir
Decline a property interest received through joint tenancy
Formally renounce rights received through a beneficiary deed
Redirect a property inheritance to the next beneficiary in line

Compare other Tennessee deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Easement Deed Termination of Easement Correction Deed Affidavit of Heirship Administrator Deed Executor Deed Deed of Trust Assignment of Deed of Trust Full Release of Deed of Trust Partial Release of Deed of Trust Installment Land Contract Memorandum of Installment Land Contract Release of Memorandum of Installment Land Contract Certificate of Trust Trustee Deed Durable Power of Attorney Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Mineral Deed Mineral Deed with Quitclaim Covenants Notice of Completion Notice of Transfer Notice of Spousal Non-Responsibility Indemnity Agreement Demand for Enforcement Notice to Owner Notice of Mechanics Lien Notice of Non-Payment Partial Lien Waivers Final Lien Waiver Release of Mechanic Lien Contractor Notice of All Liens Paid Lien Lis Pendens

Important: County-Specific Forms

Our disclaimer of interest forms are specifically formatted for each county in Tennessee.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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