A beneficiary of an interest in property (real estate) in Virginia can renounce all or part of a bequeathed interest in, or power over, that property under Va. Code 64.2-2603(a), as long as it has not been accepted through actions that indicate ownership or transferred in any way (Va. Code 64.2-2611(b)). The written disclaimer must identify the creator of the interest, provide a description of the disclaimed interest, a declaration of the disclaimer and its extent, and it needs to be signed by the disclaiming party (Va. Code 64.2-2603(d)).

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 (Va. Code 64.2-2610(c)); other scenarios are outlined in the remaining sections of Va. Code 64.2-2610. In the case of real property, record the disclaimer with the clerk of the circuit court in the city or county where the property is located (Va. Code 64.2-26).

A disclaimer is irrevocable and binding for the disclaiming party and those claiming under him or her (Va. Code 64.2-2603(f)), so be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property or if the disclaimed interest arises out of jointly-owned property.

(Virginia DOI Package includes form, guidelines, and completed example)

Important: County or Independent City-Specific Forms

Our disclaimer of interest forms are specifically formatted for each county or independent city in Virginia.

After selecting your county or independent city, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

How to Use This Form

Select your county or independent city from the list above
Download the county or independent city-specific form
Fill in the required information
Have the document notarized if required
Record with your county or independent city recorder's office

Common Uses for Disclaimer of Interest

Transfer property between family members
Add or remove names from property titles
Transfer property into or out of trusts
Correct errors in previously recorded deeds
Gift property to others

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