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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Other versions of this form

Individual

Compare with related Texas forms

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.

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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