My Account Deeds.com Real Estate Deeds

West Virginia Disclaimer of Interest

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.

Deeds.com West Virginia Disclaimer of Interest Forms Have Been Updated as Recently as Wednesday January 15, 2020

4.7 out of 5 (1093 Reviews)

What others like you are saying:


AHMED E. said: 5 stars

Reply from Staff: Thank you!


Celeste G. said: Very helpful!!! Thanks again.

Reply from Staff: Thank you Celeste.


Ron S. said: Fair price and beneficiary deed was recorded without issue. Completion instructions provided were insufficient in some cases.

Reply from Staff: Thank you!


Gary A. said: I believe this is the way to go without the need of a lawyer. Fast downloads, very informative, Now the work starts

Reply from Staff: Thank you Gary.


Tod F. said: In 15 minutes I had my out of state documents. I am very pleased with the ease of acquiring them. I will definitely be using Deeds.com again if the need arises.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Janice U. said: So far everything is going really well. Thank you!

Reply from Staff: Thank you!


West Virginia Disclaimer of Interest Form