The Short Answer

Yes. In Florida, you can generally refuse (disclaim) an inheritance or a gift left to you in a will, and the law treats you as though you did not receive that interest. However, the timing and your prior actions (for example, accepting benefits or using the asset) can affect whether a disclaimer is valid and what happens to the property next.

What Florida Law Says

Florida allows a beneficiary to disclaim (renounce) a property interest that would otherwise pass to them at death—whether under a will, intestacy, trust, or other transfer. A disclaimer can be for all or part of an interest, and it may be conditional or unconditional, but it can be barred if certain events occur (such as acceptance of the interest or other disqualifying conduct under the statute). When a disclaimer is effective, the disclaimed interest typically passes as if the disclaiming person had predeceased the decedent, unless the governing instrument or statute directs a different result.

The Statute

The primary law governing this issue is Fla. Stat. Ch. 739 (Florida Uniform Disclaimer of Property Interests Act).

This chapter establishes that a person may disclaim, in whole or in part, an interest in or power over property, and it sets rules for when a disclaimer is effective and when it is barred.

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 and can also be barred by events that happen during administration (for example, actions that look like “acceptance” of the gift). In addition, if your situation involves a will contest rather than a straightforward disclaimer, Florida imposes tight objection deadlines tied to the Notice of Administration, and missing them can end your rights.
• Burden of Proof: If there is a dispute (for example, other beneficiaries claim you already accepted the inheritance, or creditors argue the disclaimer is ineffective), you may need clear documentation and evidence to defend the disclaimer’s validity.
• Exceptions: The effect of a disclaimer can change based on the type of asset (homestead, jointly held property, beneficiary-designated accounts), the wording of the will, and whether there are alternate takers. Tax and creditor issues can also materially change the risk.

Trying to handle this alone can lead to unintended transfers, family conflict, or a disclaimer that is challenged and set aside.

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Disclaimer: This article provides general information under Florida 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.