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)

These are different form types, not alternate versions of the current form.

Transfer on Death Deed 3 options

Name a beneficiary to receive property after the owner's death.

Transfer on Death Revocation 2 options

Revoke a previously recorded transfer on death deed, canceling the beneficiary designation.

Enhanced Life Estate Deed 4 options

Name a beneficiary to receive property at death while keeping full lifetime control.

Beneficiary Affidavit of Death

Record the owner's death so title passes to the transfer on death beneficiary.

Affidavit of Death of Life Tenant

Record the life tenant's death so the remainder interest becomes possessory.

Administrator Deed

Transfer estate property through an administrator.

Appointment of Successor Trustee

Appoint and record a successor trustee for an existing trust.

Certificate of Trust 3 options

Certify the existence of a trust and the trustee authority to act, in place of recording the full trust. Includes certification of trust and trustee certificate formats.

Executor Deed

Transfer estate property through an executor.

Heirship Deed

Convey inherited property from an owner's established heirs.

Personal Representative Deed

Transfer estate property through a court-appointed personal representative.

Trustees Deed 3 options

Transfer property from a trust through a trustee.

Affidavit of Heirship

Document heirs and succession facts after a property owner's death.

Community Property Survivorship Agreement 2 options

Create a right of survivorship in community property between spouses.

Important: County-Specific Forms

Our disclaimer of interest forms are specifically formatted for each of the 254 counties 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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