Wyoming Disclaimer of Interest

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Under the Wyoming Statutes, the beneficiary of an interest in property may disclaim/renounce the gift, either in part or in full (Wyo. Stat. 2-1-4). Note that the option to disclaim/renounce is only available to beneficiaries who have not acted in any way to indicate acceptance or ownership of the interest (2-1-403(a)(iii)).

The document must be a written irrevocable and unqualified refusal to accept any interest in the property (2-1-403(a)(i)). Include a legal description of the interest and have disclaimant sign the document.

Deliver the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) to the transferor, his or her legal representative, or to the holder of legal title to the property to which the interest relates (2-1-40(a)(ii)). If real property is involved, avoid any ambiguity regarding the chain of title by recording a copy of the document with the county clerk of the county in which the property is located.

A disclaimer is irrevocable and binding, 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.

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

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