Lawsmith

Probate & Administration

Disclaimer of Inheritance

Refuse an inheritance or beneficiary interest in writing, on time, under the state act and the tax code.

Try 5 documents freeDraft a sample

What you get

  • An editable Word document, drafted from your answers and the state's official text.
  • A proof of sources: every citation in the draft with the words it quotes, the official source, the date the text was saved and its fingerprint.
  • Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.

What the intake asks

Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.

The disclaimant

  • Person disclaiming
  • Capacity

The interest

  • Decedent's full legal name
  • Death and domicile
  • Where the interest comes from
  • The interest disclaimed

Timing and effect

  • Federal tax treatment
  • Date of the transfer creating the interest
  • Benefits accepted
  • Who takes after the disclaimer

Signing

  • Delivery and filing
  • Formalities
  • Other instructions or open decisions

Where it is offered

Every state Lawsmith has official sources for:

CaliforniaConnecticutDelawareDistrict of ColumbiaFloridaMarylandMassachusettsNew JerseyNew YorkOhioPennsylvaniaTexasVirginia

Official sources on file

The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from the official publisher and dated.

StateSources for this document
California32
Connecticut14
Delaware18
District of Columbia15
Florida17
Maryland15
Massachusetts14
New Jersey19
New York16
Ohio13
Pennsylvania15
Texas21
Virginia16

Among them, for New Jersey:

  • N.J.S.A. 3B:3-35 Anti-lapse; deceased devisee; class gifts
  • N.J.S.A. 3B:9-1 Definitions
  • N.J.S.A. 3B:9-10 Binding effect of disclaimer or waiver
  • N.J.S.A. 3B:9-14 Federal law
  • N.J.S.A. 3B:9-2 Disclaimer of an interested party

How the draft is checked

Before it writes, the drafter must quote the official text behind each citation. Lawsmith compares every quotation with the text on file, character for character; a citation with no checked quotation reaches you marked [VERIFY]. The draft still needs your review before it is signed, filed or sent. How citations are checked

More probate & administration documents

Petition for Probate and LettersNotice to CreditorsNotice to Heirs and BeneficiariesEstate InventoryEstate AccountingSmall Estate AffidavitReceipt, Release and Refunding AgreementExecutor's Deed