Disclaimer of Interest Form - Isle Of Wight County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 6/12/2018
Disclaimer of Interest Guide - Isle Of Wight County
Line by line guide explaining every blank on the form.
Included document last updated 6/4/2018
Completed Example of the Disclaimer of Interest Document - Isle Of Wight County
Example of a properly completed form for reference.
Included document last updated 6/8/2018
*Virginia and Isle Of Wight County supplemental forms are included as a courtesy with your order.
A beneficiary of an interest in property 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.
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