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New Hampshire Disclaimer of Property Interests

Under the New Hampshire Statutes, the beneficiary of an interest in property may disclaim the gift, either in part or in full (RSA 563-B: 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 ( 563-B: 5).

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 disclaiming party (563-B: 3).

Deliver the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) to the personal representative or other fiduciary of the decedent's estate, to the trustee, the holder of legal title, or the person entitled to the property in case of a disclaimer. In addition, file a copy with the probate court of the county that has jurisdiction over proceedings regarding the estate of the deceased donor. If real property is involved, record a copy of the disclaimer in the registry of deeds of the county in which the property is located in order to avoid any ambiguity regarding the chain of title (563-B: 2).

A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors (563-B: 4), so be sure to consult an attorney when in doubt about the drawbacks and benefits. If the interest arises out of jointly-owned property, seek legal advice as well.

(New Hampshire DOI Package includes form, guidelines, and completed example)