West Virginia Disclaimer of Interest Forms
West Virginia Disclaimer of Interest Overview
How to Use This Form
- Select your county from the list on the left
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
Under the West Virginia Statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (W. Va. Code 42-6-1 to 42-6-19 Uniform Disclaimer of Property Interests Act). Note that the option to disclaim is only available to beneficiaries who have not acted in any way to indicate acceptance or ownership of the interest ( 42-6-13).
The disclaimer must be in writing and include a description of the interest, a declaration of intent to disclaim all or a defined portion of the interest, and be signed by the disclaimant ( 42-6-5 (c)).
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 trustee, or file it with the court having authority to appoint such a person or to enforce the trust ( 42-6-12). If real property is involved, record a copy of the disclaimer in the office of the clerk of county commission in the county where the property is located in order to avoid any ambiguity regarding the chain of title ( 42-6-15).
A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors ( 42-6-5), so be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property. If the disclaimed interest arises out of jointly-owned property, seek legal advice as well.
(West Virginia DOI Package includes form, guidelines, and completed example)
Important: County-Specific Forms
Our disclaimer of interest forms are specifically formatted for each county in West Virginia.
After selecting your county, 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 from the list above
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county 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