Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

How Do I Disclaim my Inheritance and How Long Does it Take?

Posted on Mon Jan 19, 2015, on Probate and Estate Administration

From our “Ask a Question” Mailbag: Disclaiming an Inheritance Under a Will in New Jersey

Most Recently Updated July 8, 2018.

“My mother’s Will gives me the option to disclaim on my inheritance, how is this done and how long does it take to prepare a disclaimer?”

Where-Do-I-Contest-a-Will

Disclaiming an Inheritance Under a Will in New Jersey

Disclaiming an Inheritance Under a Will in New Jersey

A disclaimer is an heir’s legal refusal to accept a gift or a bequest. If you properly execute a disclaimer, the asset disclaimed will pass to whoever would have received it had you died before the person who left the asset to you.

In your example, your mother left you an inheritance which if disclaimed by you will pass to whoever would have received that asset had you died before your mother. Often this will be your children, but you must make sure you fully understand the ramifications of the disclaimer before exercising this right.

There is a Deadline!

In New Jersey, the disclaimer of a testamentary transfer must be properly filed within 9 months of the date of death. The disclaimer must be in writing, signed and acknowledged by the disclaimant (yourself), it must describe the property disclaimed and it must declare the disclaimer, and must specify the extent of the disclaimer.

All of this can be accomplished in a few weeks, but I would start the process as early as possible as you can never tell if there might be unforeseen complications.

More Probate Questions?

Disclaiming an inheritance under a Will in New Jersey is only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.

In Conclusion: Disclaiming an Inheritance Under a Will in New Jersey

I hope that this article was helpful in explaining disclaiming an inheritance under a Will in New Jersey. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do

Tags:

Camden County, Inheritance, New Jersey, Probate Attorney, Probate Lawyer

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

CEGM

Peters' firm has prepared and updated our Wills and Trusts for the last 15 to 20 years. They know the law and help with your decision making to use the law to your best advantage. Response time to your requests is very reasonable, and final reviews and signing is executed in a timely manor with a thorough coverage of the documents. Our most recent updates to our Wills & Trusts were somewhat complicated, in our opinion, but Peter and his staff handled them effortlessly. As you can tell from this review Peter Klenk's firm is top notch.

Klenk Law Logo
Stars

Stephanie Sesker

We were extremely pleased with the work done by Peter Klenk and members of the staff at Klenk Law. They were very thorough and did the work in a timely fashion. Peter's explanations of the legal system were very clear and helpful. I highly recommend this firm and Peter.

Klenk Law Logo
Stars

Jacob Lenton

Jackie M. at Klenk Law is dynamite.!! She is certainly an asset to this firm. Knowledgeable, personable, and dedicated to her craft.

Klenk Law Logo
Stars

hinda schuman

very happy to deal with Peter Klenk law firm over many decades

Klenk Law Logo
Stars

Gwen Hinrichs

I can't tell you how satisfied I am with this law firm. They were competent and helped me with a very difficult situation. They got the job done in a timely fashion and I am so happy I found them. If you find yourself in a difficult and contentious probate situation I highly recommend this firm. There is just no way I could have had this positive outcome without them. I worked with 2 different lawyers prior to hiring them and neither of them could get the job done like Klenk. Daniella Horn was a pleasure to work with and highly competent.

Let us put our expertise to work for you.

Free consultation within 24 hours.