Georgia Disclaimer/Renunciation of Property

A beneficiary of an interest in property in Georgia can disclaim and renounce all or part of a bequeathed interest in, or power over, that property under O.C.G.A. 53-1-20, as long as it has not been accepted through actions that indicate ownership or through a written waiver of the right to disclaim (53-1-20 (g)).

The written disclaimer must identify the creator of the interest, provide a description of the disclaimed interest, a declaration of the disclaimer and its extent, and it must be signed by the person making the renunciation (53-1-20 (c)).

The disclaimer must be filed, recorded and/or delivered pursuant to 53-1-20 (d) as follows:
* It must be received by the transferor, his legal representative, or the current holder of title within nine months of the transfer. This is consistent with the Internal Revenue Code Section 2518.
* It also may be filed with the probate court in the county where the estate proceedings are pending or could be commenced.
* In the case of real property, the renunciation may be recorded with the clerk of the superior court.

A disclaimer relates back to the death of the decedent or to the date it was created (53-1-20 (g)). It is irrevocable and binding to the disclaimant and generally to those who claim under him or her. Be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property.

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

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