Oklahoma Disclaimer of Property - Description

Under the Oklahoma statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (84 O.S. 22-30). 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.

File the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) with the district court having jurisdiction over the estate and deliver a copy of it to the representative, trustee, or other person holding legal title of the property. 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 (84 O.S. 24-25).

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.

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

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