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 Monday September 14, 2020

4.8 out of 5 (1895 Reviews)

What others like you are saying:


Lindsey W. said: The service was great but after I did all my work and uploaded the documents they canceled my stuff because the county they had on the list doesnt take/or have set up e-recording yet. It was a bit disappointing because thats the only reason I was on here is because it brought me here from that countys sight.

Reply from Staff: Thank you for your feedback, sorry we were not able to provide the service for you. Hope you have a great day.


Gail W. said: Deeds.com had the forms I needed, along with completed examples. Fast download. Easy to use site. Thanks!

Reply from Staff: Thank you!


Anabel H. said: Everything went smoothly, quickly and efficiently.

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


Michael K. said: Service seems smooth. I just wonder what the turn around time on recording is (I need proof of recordation).

Reply from Staff: Thank you!


Gary O. said: Easy to use,makes things easier,Thanks! Great Idea!

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


Jearsel W. said: I was surprised how helpful the completed example was. It was nice to see what the form should look like when it is filled out. Great job!

Reply from Staff: That's wonderful to hear Jearsel, thanks for your feedback. Have an awesome day.


West Virginia Disclaimer of Interest Form