Disclaimer and Renunciation of Interest (Qualified Disclaimer) — Georgia

TIMING — IRC § 2518 (9-MONTH DEADLINE): To qualify as a federal "qualified disclaimer," this writing must be signed and delivered within nine (9) months after the date of the decedent's death or other transfer (or within 9 months after the disclaimant turns 21), with no acceptance of the interest or its benefits. Georgia's renunciation statute, O.C.G.A. § 53-1-20(d), independently requires that the written instrument be received by the transferor, the transferor's legal representative, or other holder of title within the same 9-month window. Verify the deadline with counsel before signing.

DISCLAIMER AND RENUNCIATION OF INTEREST (QUALIFIED DISCLAIMER)

STATE OF GEORGIA

TABLE OF CONTENTS

1. Disclaimant Information
2. Identification of the Transfer and Interest Renounced
3. Statutory Authority
4. The Disclaimer / Renunciation
5. Qualified-Disclaimer Representations
6. Effect and Passing of the Renounced Property
7. Irrevocability and Binding Effect
8. Delivery, Filing, and Recording
9. Signature, Acknowledgment, and Notarization
10. Verification / Declaration
11. Certificate of Delivery / Service
12. Attachments Checklist

1. DISCLAIMANT INFORMATION

The undersigned (the "Disclaimant" or "Renouncing Person") is a person to whom an interest in property has been transferred or who succeeds to property by contract or by operation of law, within the meaning of O.C.G.A. § 53-1-20(b), namely a(n): ☐ heir ☐ next of kin ☐ devisee ☐ legatee ☐ grantee ☐ donee ☐ surviving joint tenant ☐ beneficiary under a testamentary or nontestamentary instrument or contract ☐ appointee under a power of appointment ☐ other: [____________________].

2. IDENTIFICATION OF THE TRANSFER AND INTEREST RENOUNCED

Source of the interest (check all that apply):
☐ Last Will and Testament of the Decedent
☐ Intestate succession (O.C.G.A. § 53-2-1)
☐ Revocable, inter vivos, or testamentary trust
☐ Beneficiary designation (life insurance, retirement plan, annuity, POD/TOD account, or security registered in beneficiary form)
☐ Joint tenancy with right of survivorship
☐ Power of appointment
☐ Other: [________________________________]

Extent of the renunciation:
☐ Full renunciation — the Disclaimant renounces the entire interest described above.
☐ Partial renunciation — the Disclaimant renounces only the following fractional, percentage, or pecuniary portion (O.C.G.A. § 53-1-20(b) permits renunciation in whole or in part): [____________________] (e.g., an undivided ____% interest, or the sum of $[____________]).

Legal description of any real property renounced (or see attached Exhibit A): [________________________________]

3. STATUTORY AUTHORITY

This Disclaimer / Renunciation is made under O.C.G.A. § 53-1-20 and is intended to constitute a qualified disclaimer under 26 U.S.C. § 2518 and Treas. Reg. § 25.2518-2.

• O.C.G.A. § 53-1-20(b) authorizes any person to whom an interest in property is transferred, or who succeeds to property by contract or by operation of law, to renounce the property in whole or in part, even if a spendthrift or similar restriction applies.
• O.C.G.A. § 53-1-20(c) requires that the renunciation be made by a written instrument that describes the renounced property, declares the renunciation and the extent of it, and is signed by the person making the renunciation.
• O.C.G.A. § 53-1-20(d) requires that the written instrument be received by the transferor of the property, the transferor's legal representative, or other holder of title not later than nine months after the later of the date of the transfer or the day the Renouncing Person reaches age 21, and permits filing in the probate court and, for real property, in the county real-property records.
• O.C.G.A. § 53-1-20(e) bars a person who has accepted the property or any of its benefits from renouncing it.

4. THE DISCLAIMER / RENUNCIATION

The Disclaimant, intending to be legally bound, hereby IRREVOCABLY DISCLAIMS and RENOUNCES all (or, where a partial renunciation is elected in Section 2, the stated fractional, percentage, or pecuniary part of all) right, title, claim, and interest of every kind — whether vested or contingent, present or future, legal or equitable — in and to the property and interest described in Section 2 above. This written instrument describes the renounced property and declares the renunciation and the extent of it within the meaning of O.C.G.A. § 53-1-20(c).

This Disclaimer / Renunciation is made freely, voluntarily, and with full knowledge of its legal and tax consequences.

5. QUALIFIED-DISCLAIMER REPRESENTATIONS

The Disclaimant represents and certifies that:

☐ This instrument is in writing, describes the renounced property, declares the renunciation and its extent, and is signed by the Disclaimant, as required by O.C.G.A. § 53-1-20(c) and Treas. Reg. § 25.2518-2(b).

☐ This instrument is being delivered and received within nine (9) months after the later of (a) the date of the Decedent's death or the date of the transfer creating the interest, or (b) the date the Disclaimant attained age 21 (O.C.G.A. § 53-1-20(d); 26 U.S.C. § 2518(b)(2)).

☐ The Disclaimant has NOT accepted the property or any of its benefits, and has not assigned, conveyed, encumbered, pledged, transferred, or contracted to transfer the interest (O.C.G.A. § 53-1-20(e); Treas. Reg. § 25.2518-2(d)).

☐ The renounced property passes without any direction on the part of the Disclaimant; any expression of intent or desire that the property pass to certain persons is merely precatory and of no legal effect unless specifically declared a condition (O.C.G.A. § 53-1-20(f)(4); 26 U.S.C. § 2518(b)(4); Treas. Reg. § 25.2518-2(e)).

☐ As a result of this renunciation, the property passes as if the Disclaimant had predeceased the Decedent (or, for property passing under a power of appointment, as if the Disclaimant had predeceased the holder of the power), as provided by O.C.G.A. § 53-1-20(f)(1).

☐ This instrument is intended as a qualified disclaimer under 26 U.S.C. § 2518 for federal transfer-tax purposes.

6. EFFECT AND PASSING OF THE RENOUNCED PROPERTY

Under O.C.G.A. § 53-1-20(f)(1), except as otherwise provided by the will or other governing instrument, the renounced property passes as if the Disclaimant had predeceased the Decedent, or, in the case of property passing upon exercise of a power of appointment, as if the Disclaimant had predeceased the holder of the power, even if acceleration of a contingent remainder or other interest results. Under O.C.G.A. § 53-1-20(g), the renunciation relates back for all purposes to the date of the Decedent's death, the date of death of the holder of the power, the date the gift was attempted, or the date the power was created, as applicable.

The Disclaimant does not direct to whom the renounced property passes; it passes solely by operation of the governing instrument and Georgia law.

7. IRREVOCABILITY AND BINDING EFFECT

This Disclaimer / Renunciation is irrevocable and may not be modified, withdrawn, or rescinded once delivered or filed. It is binding upon the Disclaimant and all persons claiming through or under the Disclaimant.

8. DELIVERY, FILING, AND RECORDING

Pursuant to O.C.G.A. § 53-1-20(d), the Disclaimant shall (check all that apply):

☐ Deliver this instrument to the transferor of the property, the transferor's legal representative, or other holder of title to the property so that it is received within nine (9) months of the later of the date of transfer or the date the Disclaimant turns 21.

☐ File this instrument in the Probate Court of [____________] County, Georgia, in which proceedings concerning the transferor's estate are pending or could be commenced (an instrument so filed is conclusively presumed received by the personal representative not later than the date of filing).

☐ File / record this instrument in the real-property records of [____________] County, Georgia, where the real property is located, if real property or an interest in real property is renounced (O.C.G.A. § 53-1-20(d)).

9. SIGNATURE, ACKNOWLEDGMENT, AND NOTARIZATION

Executed this [____] day of [____________], 20[____].

Disclaimant Signature: ______________________________________

Printed Name: [________________________________]

ACKNOWLEDGMENT

STATE OF GEORGIA )
COUNTY OF [____________] )

Before me, the undersigned Notary Public in and for said county and state, personally appeared [DISCLAIMANT FULL LEGAL NAME], known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, who acknowledged before me that he/she executed the same voluntarily on the day the same bears date.

Given under my hand and official seal this [____] day of [____________], 20[____].

______________________________________
Notary Public
My commission expires: [__/__/____]

[NOTARY SEAL]

10. VERIFICATION / DECLARATION

I, [DISCLAIMANT FULL LEGAL NAME], declare under penalty of perjury under the laws of the State of Georgia that the foregoing is true and correct, that I have not accepted the renounced property or any benefit thereof, and that I make this Disclaimer / Renunciation of my own free will.

Signature: ______________________________________
Date: [__/__/____]

11. CERTIFICATE OF DELIVERY / SERVICE

I certify that on the date(s) shown below a true and correct copy of this instrument was delivered (in person, or by registered or certified mail, return receipt requested) to the following:

Signature: ______________________________________
Printed Name: [________________________________]

12. ATTACHMENTS CHECKLIST

☐ Copy of the Last Will and Testament, trust instrument, or beneficiary designation creating the renounced interest
☐ Exhibit A — legal description of any real property renounced
☐ Certified copy of the Decedent's Death Certificate
☐ Proof of delivery / mailing (registered or certified mail receipts)
☐ Recorded copy of the instrument (county real-property records), if real property is involved
☐ File-stamped copy from the Probate Court (estate proceeding)

SOURCES AND REFERENCES

• O.C.G.A. § 53-1-20 (Renouncing property; procedures; relation back) — https://law.justia.com/codes/georgia/title-53/chapter-1/article-3/section-53-1-20/
• O.C.G.A. § 53-1-20 (FindLaw) — https://codes.findlaw.com/ga/title-53-wills-trusts-and-administration-of-estates/ga-code-sect-53-1-20/
• 26 U.S.C. § 2518 (Disclaimers) — https://www.law.cornell.edu/uscode/text/26/2518
• Treas. Reg. § 25.2518-2 (Requirements for a qualified disclaimer) — https://www.law.cornell.edu/cfr/text/26/25.2518-2