Under the Code of Wisconsin, the beneficiary of an interest in property may renounce the gift, either in part or in full (Wis. Stat. 854.13 (2) (d)). 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.

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 (Wis. Stat. 854.13 (3)).

Deliver the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) to the personal representative or the special administrator of the deceased transferor and file a copy with the probate court that has jurisdiction (Wis. Stat. 854.13 (5) (c)). In the case of real property, a copy of the disclaimer may also be recorded in the office of the register of deeds of the county in which the property is located (Wis. Stat. 854.13 (5) (e)).

A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors, 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.

(Wisconsin DOI Package includes form, guidelines, and completed example)

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

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Common Uses for Disclaimer of Interest

Redirect a property inheritance to the next beneficiary in line
Disclaim an interest in a trust that holds real property
Formally renounce rights received through a beneficiary deed
Renounce a property interest for tax planning purposes

Compare other Wisconsin deed forms and documents

Quitclaim Deed Full Release of Memorandum of Contract Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Mineral Deed Mineral Deed with Quitclaim Covenants Special Power of Attorney for the Purchase of Property Power of Attorney for the Sale of Real Estate Mortgage and Promissory Note Satisfaction of Mortgage Assignment of Mortgage Land Contract Memorandum of Contract Personal Representative Deed Termination of Decedent Property Interest Transfer on Death Deed Transfer on Death to Beneficiary Contractor Notice of Intent to File Lien Contractor Claim of Lien Subcontractor Identification Notice Subcontractor Notice of Intent to File Lien Subcontractor Claim of Lien Construction Lien Waiver Construction Lien Release Trustee Deed Certificate of Trust Lis Pendens Release of Lis Pendens

Important: County-Specific Forms

Our disclaimer of interest forms are specifically formatted for each county in Wisconsin.

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.

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