Under the Arkansas statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (Ark. Code Ann. 28-2-201 to 28-2-221 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.

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 (Ark. Code Ann. 28-2-205 (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 file it with a court having jurisdiction to appoint such a representative (Ark. Code Ann. 28-2-212 (c)). In the case of real property, record a copy of the disclaimer in the office of the circuit clerk of the county in which the property or interest disclaimed is located (Ark. Code Ann. 28-2-215 (a)).

A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors (Ark. Code Ann. 28-2-205 (e)), 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.

(Arkansas Disclaimer of Interest Package includes form, guidelines, and completed example)

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