Smith County Disclaimer of Interest Forms (Texas)

Form Package

Disclaimer of Interest

State

Texas

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 Texas 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:

• Arp
• Bullard
• Flint
• Lindale
• Troup
• Tyler
• Whitehouse
• Winona

What is the Texas Disclaimer of Interest

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)

Our Promise

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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