Download New Mexico Disclaimer of Interest Forms

As part of the New Mexico Statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (Uniform Disclaimer of Property Interests Act NMSA 1978 46-10-1 to 46-10-17). 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 ( 46-10-13).

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 ( 46-10-5 (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 the trustee, or file it with the court having authority to appoint such a person or to enforce the trust ( 46-10-12). If real property is involved, record a copy of the disclaimer in the office of the county clerk in the county in which the property or interest disclaimed is located. This helps avoid any ambiguity regarding the chain of title ( 46-10-15).

A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors, 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.

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