The Short Answer

In Florida, you generally should disclaim an inheritance before you do anything that could be treated as accepting it (such as taking distributions, using the property, or transferring/encumbering it). Florida law allows disclaimers, but they can be barred if you accept the interest, transfer it, it is sold in a judicial sale, or you are insolvent when the disclaimer becomes irrevocable.

What Florida Law Says

Florida’s disclaimer law (Chapter 739) lets a person refuse (“disclaim”) all or part of an inheritance or other property interest. A properly made disclaimer is treated as if it takes effect at the legally relevant time (often the decedent’s death for intestate interests), and the property then passes to the next person entitled under the will/trust or under Florida’s default rules.

The Statute

The primary law governing this issue is Fla. Stat. § 739.402.

This statute establishes that a disclaimer can be barred or limited if, before it becomes effective, the person disclaiming has accepted the interest, transferred/encumbered it (or contracted to do so), it has been sold in a judicial sale, or the person is insolvent when the disclaimer becomes irrevocable.

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: Even though Florida law may allow a disclaimer “at any time” in general, your right can be lost quickly if you take actions that count as acceptance or transfer before the disclaimer becomes effective under the statute.
• Burden of Proof: If there is a dispute, you may need to show you did not accept benefits, exercise control, or make a transfer/pledge/encumbrance that bars the disclaimer under Florida law.
• Exceptions: Disclaimers can be barred by a written waiver, affected by insolvency issues, and can change who receives the property (for example, whether it passes under specific “disclaimer” language in a will/trust or under default rules), which can create unintended family and tax consequences.

Trying to handle this alone can lead to an ineffective disclaimer, creditor complications, or litigation within the estate or trust administration.

Get Connected with a Florida Attorney

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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.