Michigan: Inheritance Disclaimer and Renunciation Requirements

Requirements one by one

Governing law and covered interests

Michigan's disclaimer of property interests law is Part 9 of the Estates and
Protected Individuals Code, MCL §§ 700.2901 through 700.2912. It covers property,
the right to receive or control property, and powers of appointment. The definitions
reach real and personal, present and future, legal and equitable interests passing by
will, intestacy, trust, beneficiary designation, contract, survivorship, and other
governing instruments.

Whole, partial, and conditional disclaimer

Section 700.2902 permits a disclaimer of all or part of an interest. A partial
disclaimer may identify a specific asset or asset interest, a pecuniary amount, a
fraction or percentage, or a limited interest or estate. The statute does not generally
authorize a condition. It also preserves the right despite spendthrift or similar
restrictions, subject to its special rules for trustees and agents.

Writing or record and required contents

Section 700.2903 requires a writing that declares the disclaimer, describes the
interest, is signed, and follows the correct delivery route. It states no witness,
acknowledgment, oath, or notarization requirement.

State deadline, irrevocability, and federal-tax overlay

Michigan states no fixed state-law deadline. For a will, intestacy, or testamentary
trust interest, deliver after the owner's death and before a § 700.2910 bar. For another
governing instrument, deliver after its effective date and before a bar. A fiduciary
power may be disclaimed at any time, before or after exercise.

Section 700.2909 makes a disclaimer binding and treats it as nonacceptance, but Part 9
does not state a separate irrevocability point. The federal definition in 26 U.S.C.
§ 2518(b) separately requires an irrevocable and unqualified refusal received within
nine months and meeting the other federal conditions.

Delivery, filing, and recipient

Sections 700.2904 and 700.2905 choose the recipient by asset. A will or intestacy
interest goes to the personal representative. A testamentary-trust interest goes to the
trustee, with the personal representative as fallback if none is appointed. An inter
vivos trust interest goes to the trustee, a lifetime gift to the donor, and a beneficiary-
designation interest to the payor. Joint property, powers of appointment, and fiduciary
powers have their own listed recipients.

Section 700.2906 allows personal delivery, sealed prepaid first-class mail, or another
means reasonably likely to accomplish delivery. If the required fiduciary is not serving
or cannot be found, filing with the probate court having the stated jurisdiction completes
delivery.

Real-property recording and notice

Section 700.2906(3) says a real-property disclaimer copy may be recorded with the
register of deeds in the county where the land is located. Part 9 does not make recording
a general validity condition and states no legal-description, constructive-notice,
purchaser, or lienholder consequence.

Acceptance, transfer, insolvency, and creditor bars

Section 700.2910 bars the right before perfection after an assignment, conveyance,
encumbrance, pledge, transfer or contract; written waiver; knowing acceptance;
judicial sale; or expiration of the applicable perpetuities period. Other applicable law
can also bar the right. A partial bar does not prevent disclaimer of a remaining interest
that has not yet been received. Part 9 states no express insolvency or general creditor
bar.

Effective date and destination

The governing instrument controls if it provides for disclaimer or failed interests.
Otherwise a will, intestacy, or testamentary-trust interest generally passes as if the
disclaimant predeceased the decedent, with descendant representation when applicable.
An interest under another governing instrument generally passes as if the disclaimant
died before the interest became possessory or enjoyable.

Future interests following the disclaimed interest use similar deemed-death rules, but
a future interest held by the disclaimant that takes effect at a fixed time does not
accelerate. Section 700.2908 adds separate joint-property, power, and trustee rules.
Section 700.2909 characterizes the result as nonacceptance, not a transfer.

What trips people up

The delivery recipient is asset-specific. A beneficiary designation goes to the
payor, not automatically to a personal representative or trustee. A living gift goes to
the donor.

Acceptance requires actual knowledge. Section 700.2910(c) bars the right when the
person accepts the interest or a benefit after actual knowledge that the property right
was conferred.

Real-property recording is optional under Part 9. The statute says a copy “may” be
recorded; it does not make recording the universal step that perfects every Michigan
disclaimer.

Common questions

Does a Michigan disclaimer need a notary? No. Section 700.2903 requires a signature
but states no acknowledgment or notary rule.

Can I mail the disclaimer? Yes. A sealed envelope with fully prepaid first-class
postage is expressly permitted when properly addressed to the correct recipient.

Can I disclaim what remains after receiving part? Possibly. Section 700.2910(2)
says a partial bar does not prevent disclaimer of the balance that remains to be
received.

Statutes and sources

• MCL §§ 700.2901-700.2903 — covered interests, whole and partial authority,
  writing, contents, signature, and delivery condition.
  https://www.legislature.mi.gov/documents/mcl/pdf/mcl-386-1998-II-9.pdf
  (accessed 2026-08-01)
• MCL §§ 700.2904-700.2905 — timing and asset-specific recipients.
  https://www.legislature.mi.gov/documents/mcl/pdf/mcl-386-1998-II-9.pdf
  (accessed 2026-08-01)
• MCL § 700.2906 — delivery methods, probate fallback, optional filing, and optional
  real-property recording.
  https://www.legislature.mi.gov/documents/mcl/pdf/mcl-386-1998-II-9.pdf
  (accessed 2026-08-01)
• MCL §§ 700.2907, 700.2909 — destination, future interests, representation, and
  nonacceptance effect.
  https://www.legislature.mi.gov/documents/mcl/pdf/mcl-386-1998-II-9.pdf
  (accessed 2026-08-01)
• MCL § 700.2910 — transfer, waiver, acceptance, judicial-sale, perpetuities, and
  partial-bar rules.
  https://www.legislature.mi.gov/documents/mcl/pdf/mcl-386-1998-II-9.pdf
  (accessed 2026-08-01)
• 26 U.S.C. § 2518(b) — separate federal qualified-disclaimer requirements.
  https://www.govinfo.gov/app/details/USCODE-2024-title26/USCODE-2024-title26-subtitleB-chap12-subchapB-sec2518
  (accessed 2026-08-01)