How to Renounce the Estate

By Anna Assad

You may renounce an estate by completing and filling a renunciation form in the probate court handling the estate proceedings. Once you renounce your interest in the estate, you don't have any legal right to, or responsibility for, the inheritance you were left. An heir may renounce an estate for various reasons, including to avoid inheritance tax consequences or to decline ownership of property that is carrying debt. You must renounce the estate before you take legal possession of your inherited property.

Step 1

Visit the office of the probate court handling the estate. Ask the court clerk for the form necessary to renounce your interest in an estate.

Step 2

Complete the form. Forms differ by state, but you usually need the deceased person's name, date of death and the probate court's case number.

Protect your loved ones. Start My Estate Plan

Step 3

Ask the court clerk where notarial services are located in the court. Sign and date the renunciation form in front of a notary and have her notarize your signature.

Step 4

File the form in the probate court. You might have to pay a filling fee; fees vary by court. Ask for at least two stamped copies. Keep one copy and give the other copy to the estate's executor or administrator.

Protect your loved ones. Start My Estate Plan
What Is the Process for Inheriting Land?
 

References

Related articles

How to Transfer the Names on an Inheritance of a Gas Well

In most countries, mineral rights belong to the government. In the United States, however, mineral rights, including rights to underground oil deposits, generally belong to whoever owns the surface of the land. Mineral rights can be severed -- in other words, a landowner may sell or lease mineral rights while retaining ownership and possession of the surface. Ownership of mineral rights, like other real estate interests, is represented by a title deed. If you are an executor of an estate from which an heir is inheriting mineral rights, you must transfer title to the mineral rights from the decedent's estate to the heir.

Can the Executor of a Will Spend the Money Any Way He Wants?

When someone dies and leaves a will, the will instructs how the deceased's property should be distributed. Likely, it will name the individual responsible for managing the estate, the estate’s personal representative, or executor. The executor has a duty to prudently manage the estate so that debts are paid and each beneficiary receives his due distribution.

How to Refuse to Inherit a House

For various reasons, you may wish to disclaim property that was willed to you by a relative. Beneficiaries may file such a disclaimer to save income and property taxes, avoid the expenses of ownership, or to pass the property on to another heir. Although a disclaimer can be a brief and simple document, it's important to follow the relevant state laws, as well as IRS rules and guidelines, whenever taking this action.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

What Can I Do if the Executor of the Estate Doesn't Pay Me as an Heir?

You are due an inheritance, but you have a problem with the way the executor is doing his job. Depending on the estate ...

How to Fill Out a Small Estate Affidavit in Indiana

Probate is the court-supervised procedure through which the estate of a deceased person, known as the decedent, is ...

How Do I End My Obligations From Being the Executor of a Will?

An executor is responsible for carrying out a will's written directions and settling the final affairs of the will's ...

How to File a Claim Against the Estate of a Deceased

If a person dies while owing you money, you may file a claim against the deceased's estate in probate court. Filing a ...

Browse by category
Ready to Begin? GET STARTED