Download North Dakota Disclaimer of Interest Legal Forms

North Dakota Disclaimer of Property Interest

Under the North Dakota Century Code, the beneficiary of an interest in property may disclaim the gift, either in part or in full (N.D.C.C. 30.1-10.1 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 ( 30.1-10.1-10).

The document 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 ( 30.1-10.1-02).

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 ( 30.1-10.1-09). If real property is involved, avoid any ambiguity regarding the chain of title by recording a copy of the document with the recorder of the county in which the property is located ( 30.1-10.1-11).

A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors ( 30.1-10.1-01), 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.

(North Dakota DOI Package includes form, guidelines, and completed example)