Benton County Disclaimer of Interest Form (Mississippi)

The following Mississippi and Benton County supplemental forms are included as a courtesy with your order:

When using these Disclaimer of Interest forms, the subject real estate must be physically located in Benton County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Benton County include:

• Ashland
• Hickory Flat
• Michigan City

Under the Mississippi statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (Miss. Code Ann. 89-21-1 to 89-21-17). 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 (Miss. Code Ann. 89-21-7).

File the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) in the chancery court with jurisdiction over the administration of the estate. In addition, deliver a copy of it to the executor, administrator, or any other fiduciary of the decedent's estate, or to the current holder of legal title or possession (Miss. Code Ann. 89-21-5 (1)). In the case of real property, record the original disclaimer, or a copy certified by the clerk of the district court, in the office of the county clerk in the county (or counties) where the real estate is situated (Miss. Code Ann. 89-21-5 (3)).

A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors (Miss. Code Ann. 89-21-9 (2)), 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.

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

Our Promise

The documents you receive here will meet, or exceed, the Benton County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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