Smith County Disclaimer of Interest Forms (Tennessee)

Form Package

Disclaimer of Interest

State

Tennessee

Area

Smith County

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$27.97

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Included Forms

All Smith County specific forms and documents listed below are included in your immediate download package:

Included Supplemental Documents

The following Tennessee and Smith County supplemental forms are included as a courtesy with your order.

Frequently Asked Questions:

Areas Covered by These Disclaimer of Interest Forms:

• Smith County

Including:

• Brush Creek
• Carthage
• Chestnut Mound
• Dixon Springs
• Elmwood
• Gordonsville
• Hickman
• Lancaster
• Pleasant Shade
• Riddleton

What is the Tennessee Disclaimer of Interest

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)

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The documents you receive here will meet, or exceed, the Smith County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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