How to Formally Disclaim an Inherited Interest in a Jointly Owned Property? - Pennsylvania
The Short Answer
In Pennsylvania, you can generally refuse (disclaim) an inherited property interest—including certain interests that pass automatically at death, such as a survivorship interest—by signing a written disclaimer that meets statutory requirements and then properly filing/delivering it. If the property is real estate, recording the disclaimer in the county deed records is often critical to protect against later purchasers or lienholders.
What Pennsylvania Law Says
Pennsylvania law allows a person who would receive an interest in property because of someone’s death (or other covered transfer) to disclaim all or part of that interest. The disclaimer must be in writing, clearly identify what is being disclaimed, state that it is being disclaimed (and to what extent), and be signed by the person disclaiming. Where and how the disclaimer must be filed or delivered depends on how the interest would have passed (for example, by will/intestacy versus a survivorship/joint ownership arrangement), and real estate raises additional recording concerns.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 6201.
This statute establishes that a person who would receive an interest in property (including as a joint tenant with right of survivorship) may disclaim the interest in whole or in part by a signed written disclaimer that describes the interest and states the extent of the disclaimer.
In addition, Pennsylvania law addresses where a disclaimer must be filed/delivered and how real estate disclaimers can be recorded. See 20 Pa.C.S. § 6204.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Disclaimers can be time-sensitive, especially if you have already taken actions that could be viewed as “accepting” the interest or if tax planning is involved. Missing the right timing can eliminate the ability to disclaim or change the legal/tax result.
- Burden of Proof: The disclaimer must correctly identify the exact interest being refused (for example, a survivorship interest versus a probate interest) and be executed in a form that will be accepted by the Orphans’ Court, fiduciaries, and title companies.
- Exceptions: Real estate adds title and recording risks—Pennsylvania law provides that a real estate disclaimer is not effective against certain bona fide purchasers or lienholders until recorded. See 20 Pa.C.S. § 6204(d).
Trying to handle this alone can create avoidable title problems, family disputes, or unintended tax and distribution consequences. A probate attorney can confirm what interest you actually received, whether you can still disclaim it, and how to structure the disclaimer so it works the way you intend.
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.