Use the disclaimer to renounce an interest in real property in Texas.

A beneficiary in Texas can disclaim a bequeathed asset or power (Texas Estates Code, Chapter 122). Such a disclaimer, which must be in writing and signed by the beneficiary or a legally authorized representative, allows that beneficiary to renounce his or her interest in the property, either in full or partially (122.151-153). A beneficiary who is a child support obligor, however, must fulfill his obligations prior to any renunciation of an interest (122.107).

A disclaimer is irrevocable and binding for anyone who makes a claim against the beneficiary, for example, potential creditors (122.003-004). Unless the beneficiary is a charitable organization or governmental agency of the state, the document must be received within nine months after the decedent's death, or other qualifying event (122.055), and it is only valid if no actions have indicated prior acceptance of the property (122.104).

The document must be filed with the probate court in the county where the will or estate is being administered, or the county clerk if estate proceedings are closed (122.052-053). If the decedent is not a resident of the state, it must be filed with the county clerk for recording (122.054). It further must be delivered to the representative of the deceased or executor of the estate or the holder of legal title (122.056). When in doubt as to the drawbacks and benefits of renouncing the property, as well as assigning it to a subsequent beneficiary (122.201-206), consult with an attorney.

(Texas Disclaimer of Interest 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 property interest for tax planning purposes
Disclaim an interest to allow property to pass to your children
Formally decline a property bequest under a will
Formally disclaim an interest in gifted real estate
Redirect a property inheritance to the next beneficiary in line
Decline a partial interest in a property you do not want
Renounce rights to a property to avoid creditor claims

Compare other Texas deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Transfer on Death Deed Transfer on Death Revocation Enhanced Life Estate Deed Easement Deed Termination of Easement Executor Deed Administrator Deed Texas Affidavit of Heirship Trustee Deed Certificate of Trust Mineral Deed Mineral Quitclaim Deed Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Durable Power of Attorney Demand for Payment Notice of Contractual Retainage Notice of Specially Manufactured Materials Preliminary Notice to Original Contractor Preliminary Notice to Owner and Original Contractor Affidavit of Lien Request for Information from Owner Request for Information from Subcontractor Request for Information from Original Contractor Conditional Waiver and Release on Progress Payment Conditional Waiver and Release on Final Payment Unconditional Waiver on Progress Payment Unconditional Waiver on Final Payment Release of Lien Contract for Deed Memorandum of Contract Deed of Trust and Promissory Note Release of Lien - by Deed of Trust and Note Appointment of Substitute Trustee for Deed of Trust Assignment of Deed of Trust Collateral Assignment of Note and Liens (Security Agreement) Release of Collateral Transfer of Note and Lien Collateral Assignment of Leases, Rents and Rights Release of Collateral Assignment of Leases and Rents Lis Pendens Lis Pendens Release

Important: County-Specific Forms

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

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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