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)

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

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Common Uses for Disclaimer of Interest

Formally renounce rights received through a beneficiary deed
Decline a property interest received through joint tenancy
Disclaim an interest in a trust that holds real property
Renounce a property interest for tax planning purposes
Formally disclaim an interest in gifted real estate
Formally decline a property bequest under a will
Decline a partial interest in a property you do not want

Compare other Virginia deed forms and documents

Quitclaim Deed Gift Deed Gift Deed Special Warranty Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Special Power of Attorney for the Purchase of Property Special Power of Attorney for the Sale of Property Deed of Trust and Promissory Note Certificate and Affidavit of Satisfaction of Deed of Trust Certificate of Partial Satisfaction of Deed of Trust Transfer on Death Deed Transfer on Death Revocation Transfer on Death Beneficiary Affidavit Personal Representative Deed Real Estate Affidavit Trustee Deed Certificate of Trust Mineral Deed Quitclaim Mineral Deed Corrective Affidavit Mechanics Lien Preliminary Notice General Contractor Memorandum for Mechanics Lien Subcontractor Memorandum for Mechanics Lien Sub-subcontractor Memorandum for Mechanics Lien Conditional Lien Waiver on Partial Payment Unconditional Lien Waiver on Partial Payment Conditional Lien Waiver on Final Payment Unconditional Lien Waiver on Final Payment Memorandum of Lis Pendens

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.

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