Smyth County Disclaimer of Interest Form

Additional Virginia and Smyth County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Smyth County

Properties in any of these areas use Smyth County forms:

• Atkins
• Chilhowie
• Marion
• Saltville
• Sugar Grove

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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: Your property must be located in Smyth County to use these forms. Documents should be recorded at the county or independent city recording office listed above.

This Disclaimer of Interest meets all recording requirements specific to Smyth County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Smyth County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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