Disclaimer and Renunciation of Interest (Qualified Disclaimer) — New York

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 effective date of the disposition (or within 9 months after the disclaimant turns 21), with no acceptance of the interest or its benefits. Under EPTL § 2-1.11(c)(2), the renunciation must be in writing, signed and acknowledged, and filed in the Surrogate's Court within nine months after the effective date of the disposition, accompanied by an affidavit of no consideration, with notice served on the fiduciary and affected persons. A New York renunciation does not automatically qualify under § 2518 (EPTL § 2-1.11(a)). Verify the deadline with counsel before signing.

DISCLAIMER AND RENUNCIATION OF INTEREST (QUALIFIED DISCLAIMER)

STATE OF NEW YORK — SURROGATE'S COURT

TABLE OF CONTENTS

1. Renouncing Party (Disclaimant) Information
2. Identification of the Disposition and Interest Renounced
3. Statutory Authority
4. The Renunciation / Disclaimer
5. Qualified-Disclaimer Representations
6. Effect and Passing of the Renounced Interest
7. Irrevocability and Binding Effect
8. Filing, Affidavit of No Consideration, and Service
9. Signature, Acknowledgment, and Notarization
10. Affidavit of No Consideration (EPTL § 2-1.11(c)(2))
11. Certificate of Service / Notice
12. Attachments Checklist

1. RENOUNCING PARTY (DISCLAIMANT) INFORMATION

The undersigned (the "Renouncing Party" or "Disclaimant") is a beneficiary of a disposition within the meaning of EPTL § 2-1.11(c), namely a(n): ☐ heir / distributee (intestate share under EPTL 4-1.1) ☐ devisee ☐ legatee ☐ beneficiary under a will ☐ beneficiary of a testamentary or inter vivos trust ☐ beneficiary under a life insurance, annuity, or employee-benefit plan ☐ surviving joint tenant / tenant by the entirety ☐ Totten trust (7-5.1) beneficiary ☐ TOD/POD security beneficiary (Article 13, Part 4) ☐ appointee under a power of appointment ☐ other: [____________________].

2. IDENTIFICATION OF THE DISPOSITION AND INTEREST RENOUNCED

Source of the disposition (check all that apply):
☐ Last Will and Testament of the Decedent
☐ Intestate succession (EPTL § 4-1.1)
☐ Inter vivos or testamentary trust
☐ Beneficiary designation (life insurance, annuity, retirement/employee-benefit plan, POD/TOD account, or security registered in beneficiary form under Article 13, Part 4)
☐ Joint tenancy or tenancy by the entirety (succession on death of co-tenant)
☐ Power of appointment (exercise or nonexercise)
☐ Other: [________________________________]

Extent of the renunciation:
☐ Full renunciation — the Renouncing Party renounces the entire interest described above.
☐ Partial renunciation — the Renouncing Party renounces only the following fractional, percentage, or pecuniary portion (EPTL § 2-1.11(f)): [____________________] (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 Renunciation is made under EPTL § 2-1.11 (Renunciation of property interests) and is intended to constitute a qualified disclaimer under 26 U.S.C. § 2518 and Treas. Reg. § 25.2518-2.

• EPTL § 2-1.11(c)(1) authorizes any beneficiary of a disposition to renounce all or part of the beneficiary's interest.
• EPTL § 2-1.11(c)(2) requires that the renunciation (1) be in writing, (2) be signed and acknowledged by the person renouncing, (3) be filed in the office of the clerk of the court having jurisdiction over the will, trust, or administration (the Surrogate's Court) within nine months after the effective date of the disposition, and (4) be accompanied by an affidavit that the renouncing party has not received and is not to receive any consideration in money or money's worth for the renunciation from a person whose interest is to be accelerated.
• EPTL § 2-1.11(a) cautions that a renunciation made under the EPTL does not necessarily constitute a qualified disclaimer under IRC § 2518; the federal requirements are addressed separately in Section 5.

4. THE RENUNCIATION / DISCLAIMER

The Renouncing Party, intending to be legally bound, hereby IRREVOCABLY RENOUNCES, REFUSES, and DISCLAIMS 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 Renunciation is made freely, voluntarily, and with full knowledge of its legal and tax consequences.

5. QUALIFIED-DISCLAIMER REPRESENTATIONS

The Renouncing Party represents and certifies that:

☐ This Renunciation is in writing and signed by the Renouncing Party (or the Renouncing Party's legal representative), as required by EPTL § 2-1.11(c)(2) and Treas. Reg. § 25.2518-2(b).

☐ This Renunciation is being filed and served within nine (9) months after the later of (a) the effective date of the disposition (date of the Decedent's death or other event under EPTL § 2-1.11(b)(2)), or (b) the date the Renouncing Party attained age 21 (26 U.S.C. § 2518(b)(2)).

☐ The Renouncing Party has NOT accepted the renounced interest or any of its benefits, and has not assigned, conveyed, encumbered, pledged, transferred, or contracted to transfer the interest, nor exercised control over it as beneficial owner (EPTL § 2-1.11(g); Treas. Reg. § 25.2518-2(d)).

☐ The renounced interest passes without any direction on the part of the Renouncing Party (26 U.S.C. § 2518(b)(4); Treas. Reg. § 25.2518-2(e)).

☐ As a result of this Renunciation, the interest passes as though the Renouncing Party had predeceased the Decedent or creator of the disposition, as provided by EPTL § 2-1.11(e).

☐ This Renunciation is accompanied by an affidavit of no consideration as required by EPTL § 2-1.11(c)(2) (see Section 10), no consideration having been received or agreed to be received from any person whose interest is accelerated, except as authorized by the court.

6. EFFECT AND PASSING OF THE RENOUNCED INTEREST

Under EPTL § 2-1.11(e), unless the creator of the disposition has otherwise provided, the filing of this Renunciation has the same effect with respect to the renounced interest as though the Renouncing Party had predeceased the creator or the Decedent (or, if the renounced interest is a future estate, as though the Renouncing Party had died at the time of filing or just prior to its becoming an estate in possession, whichever is earlier), and accelerates the possession and enjoyment of subsequent interests. This Renunciation is retroactive to the creation of the disposition.

The Renouncing Party does not direct to whom the renounced interest passes; it passes solely by operation of the governing instrument and New York law.

7. IRREVOCABILITY AND BINDING EFFECT

Under EPTL § 2-1.11(h), a renunciation filed under EPTL § 2-1.11 is irrevocable and may not be modified, withdrawn, or rescinded once filed. This Renunciation is binding upon the Renouncing Party and all persons claiming by, through, or under the Renouncing Party.

8. FILING, AFFIDAVIT OF NO CONSIDERATION, AND SERVICE

Pursuant to EPTL § 2-1.11(c)(2), the Renouncing Party shall (check all that apply):

☐ File this Renunciation, together with the affidavit of no consideration (Section 10), in the office of the clerk of the Surrogate's Court of [____________] County, New York, having jurisdiction over the will, trust, or administration — within nine (9) months after the effective date of the disposition.

☐ Serve notice of this Renunciation (including a copy) personally, or as the court directs, upon the fiduciary directed by the will or trust to make the disposition, or upon the administrator or other person directed or having custody, possession, or legal title to the property.

☐ Mail or serve notice (as the court directs) upon all persons whose interest may be created or increased by reason of this Renunciation.

☐ Record an executed copy of this Renunciation in the office of the County Clerk / Register of the county where any real property renounced is located, so that record title may pass.

9. SIGNATURE, ACKNOWLEDGMENT, AND NOTARIZATION

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

Renouncing Party Signature: ______________________________________

Printed Name: [________________________________]

ACKNOWLEDGMENT

STATE OF NEW YORK )
COUNTY OF [____________] ) ss.:

On the [____] day of [____________], in the year 20[____], before me, the undersigned, a Notary Public in and for said State, personally appeared [RENOUNCING PARTY FULL LEGAL NAME], personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual executed the instrument.

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

[NOTARY SEAL]

10. AFFIDAVIT OF NO CONSIDERATION (EPTL § 2-1.11(c)(2))

STATE OF NEW YORK )
COUNTY OF [____________] ) ss.:

[RENOUNCING PARTY FULL LEGAL NAME], being duly sworn, deposes and says:

1. I am the Renouncing Party named in the foregoing Renunciation of the disposition under the estate/disposition of [DECEDENT / CREATOR FULL LEGAL NAME].

2. I have not received and am not to receive any consideration in money or money's worth for this Renunciation from any person or persons whose interest is to be accelerated by reason of this Renunciation, except consideration (if any) that has been authorized by the Surrogate's Court.

3. I have not accepted the renounced interest or any of its benefits, and I make this Renunciation of my own free will.

______________________________________
[RENOUNCING PARTY FULL LEGAL NAME], Affiant

Sworn to before me this [____] day of [____________], 20[____].

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

11. CERTIFICATE OF SERVICE / NOTICE

I certify that on the date(s) shown below a true and correct copy of this Renunciation (and accompanying affidavit) was served — personally, by mail, or as directed by the court — upon 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
☐ Affidavit of No Consideration (EPTL § 2-1.11(c)(2)) — Section 10
☐ Certified copy of the Decedent's Death Certificate
☐ Proof of service / mailing on the fiduciary and affected persons
☐ File-stamped copy from the Surrogate's Court
☐ Copy of the recorded Renunciation (County Clerk/Register), if real property is involved

SOURCES AND REFERENCES

• N.Y. Est. Powers & Trusts Law § 2-1.11 (Renunciation of property interests) — https://www.nysenate.gov/legislation/laws/EPT/2-1.11
• EPTL § 2-1.11 (Justia, 2025) — https://law.justia.com/codes/new-york/ept/article-2/part-1/2-1-11/
• 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