Under the Code of Wisconsin, the beneficiary of an interest in property may renounce the gift, either in part or in full (Wis. Stat. 854.13 (2) (d)). 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 (Wis. Stat. 854.13 (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 the special administrator of the deceased transferor and file a copy with the probate court that has jurisdiction (Wis. Stat. 854.13 (5) (c)). In the case of real property, a copy of the disclaimer may also be recorded in the office of the register of deeds of the county in which the property is located (Wis. Stat. 854.13 (5) (e)).

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.

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

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