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Virginia Disclaimer of Interest

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.

Deeds.com Virginia Disclaimer of Interest Forms Have Been Updated as Recently as Thursday June 18, 2020

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Robert D. said: These forms made it so easy to update the property deed and the instructions and sample filled out form were most helpful. You might want to add some brief information on when or why to use the Acknowledgment in Individual Capacity notary form. In my case the notary was required to use it but also filled in the brief notarize section on the Affidavit as well. She said the one on the Affidavit had some value because it showed she had witnessed the my signature. But this was only after I suggested both be filled in as she initially thought to just strike through it and just use the Acknowledgment in Individual Capacity form.

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Tiffani D. said: The website was very user-friendly. I am glad it was available!

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Keyuna C. said: Speedy process, they provided me with the exact documents that I needed.

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Dave S. said: Easy to use and get forms I needed. Corporate need for an invoice/receipt could be a bit easier - have to print screen to get any info.

Reply from Staff: Thank you for your feedback Dave, we really appreciate it.


Kerry H. said: Good experience - Just what I needed

Reply from Staff: Thank you Kerry, have an awesome day!


BILL G. said: Slick

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Select County or Independent City where the property is located.

Virginia Disclaimer of Interest Form