What must an heir or beneficiary do to reject an inheritance under a will?

To reject an inheritance under a will, an heir or beneficiary must file a disclaimer. A disclaimer is a formal declaration made by the beneficiary stating their decision not to accept the inheritance. This process allows individuals to avoid potential tax liabilities or other complications associated with the inherited property.

The disclaimer typically must be in writing and may need to comply with specific state laws regarding the format and timing of the rejection. By filing a disclaimer, the beneficiary effectively removes themselves from the distribution of that particular asset, allowing it to pass to other beneficiaries as dictated by the will or the laws of intestacy if no will exists.

Accepting the inheritance first complicates matters, as the acceptance can often preclude a beneficiary from later rejecting the inheritance. Furthermore, while signing a document in front of witnesses may be relevant for other types of legal transactions, typically, a disclaimer must be filed according to statutory requirements rather than merely witnessed. Seeking a court order is generally unnecessary for a straightforward disclaimer, as this can be accomplished through the appropriate filing without involving the court unless there are disputes or other complications.