What it means
Delivery may be made by personal delivery, first-class mail, or any other method that results in receipt. A disclaimer sent by first-class mail is deemed delivered on its postmark date; other methods are effective on receipt (§ 739.301(1)). For interests created by will or intestacy, the recipient is the personal representative, or the clerk of court in a county where venue of administration would be proper if none is serving (§ 739.301(2)). For a testamentary trust it is the serving trustee, then the personal representative, then the clerk (§ 739.301(3)). For an inter vivos trust it is the serving trustee, then the clerk where a notice of trust could be filed (§ 739.301(4)(a)-(b)).
Other recipients: before a revocable trust or beneficiary designation becomes irrevocable, the grantor, transferor, or person making the designation (§ 739.301(4)(c), (5)); after a designation is irrevocable, the person obligated to distribute the interest (§ 739.301(6)); for jointly held property, the person to whom the interest passes (§ 739.301(7)). Subsections (8) to (11) cover powers of appointment and fiduciary and agent powers. For real estate, delivery is presumed on recording with the clerk in the county where the land is (§ 739.301(12)). A fiduciary without actual notice of the disclaimer is not liable for an otherwise proper distribution (§ 739.301(13)).
- Delivery by personal delivery, first-class mail, or any method that results in receipt; mailed disclaimers are deemed delivered on the postmark date (§ 739.301(1)).
- Interests by will or intestacy: deliver to the personal representative, or file with the clerk of court where venue of administration would be proper if none is serving (§ 739.301(2)).
- Testamentary trust: the serving trustee, then the personal representative, then the clerk (§ 739.301(3)). Inter vivos trust: the serving trustee, then the clerk (§ 739.301(4)).
- After a beneficiary designation is irrevocable: deliver to the person obligated to distribute the interest (§ 739.301(6)).
- Real estate: recording with the clerk in the county where the real estate is located creates a presumption of delivery (§ 739.301(12)).
- A fiduciary or custodian without actual notice is not liable for an otherwise proper distribution (§ 739.301(13)).
Text of the statute (2026)
(1) Subject to subsections (2) through (12), delivery of a disclaimer may be effected by personal delivery, first-class mail, or any other method that results in its receipt. A disclaimer sent by first-class mail shall be deemed to have been delivered on the date it is postmarked. Delivery by any other method shall be effective upon receipt by the person to whom the disclaimer is to be delivered under this section.
(2) In the case of a disclaimer of an interest created under the law of intestate succession or an interest created by will, other than an interest in a testamentary trust: (a) The disclaimer must be delivered to the personal representative of the decedent’s estate; or (b) If no personal representative is serving when the disclaimer is sought to be delivered, the disclaimer must be filed with the clerk of the court in any county where venue of administration would be proper.
(3) In the case of a disclaimer of an interest in a testamentary trust: (a) The disclaimer must be delivered to the trustee serving when the disclaimer is delivered or, if no trustee is then serving, to the personal representative of the decedent’s estate; or (b) If no personal representative is serving when the disclaimer is sought to be delivered, the disclaimer must be filed with the clerk of the court in any county where venue of administration of the decedent’s estate would be proper. (4) In the case of a disclaimer of an interest in an inter vivos trust: (a) The disclaimer must be delivered to the trustee serving when the disclaimer is delivered; (b) If no trustee is then serving, it must be filed with the clerk of the court in any county where the filing of a notice of trust would be proper; or (c) If the disclaimer is made before the time the instrument creating the trust becomes irrevocable, the disclaimer must be delivered to the grantor of the revocable trust or the transferor of the interest or to such person’s legal representative.
(5) In the case of a disclaimer of an interest created by a beneficiary designation made before the time the designation becomes irrevocable, the disclaimer must be delivered to the person making the beneficiary designation or to such person’s legal representative. (6) In the case of a disclaimer of an interest created by a beneficiary designation made after the time the designation becomes irrevocable, the disclaimer must be delivered to the person obligated to distribute the interest.
(12) Notwithstanding subsection (1), delivery of a disclaimer of an interest in or relating to real estate shall be presumed upon the recording of the disclaimer in the office of the clerk of the court of the county or counties where the real estate is located.
(13) A fiduciary or other person having custody of the disclaimed interest is not liable for any otherwise proper distribution or other disposition made without actual notice of the disclaimer or, if the disclaimer is barred under s. 739.402, for any otherwise proper distribution or other disposition made in reliance on the disclaimer, if the distribution or disposition is made without actual knowledge of the facts constituting the bar of the right to disclaim.
Excerpts are the subsections the summary relies on. Read the full official text of § 739.301.
History. s. 1, ch. 2005-108.
How it applies
Delivery is part of what makes a disclaimer effective under s. 739.104(3). The proper recipient depends on how the interest was created. A disclaimer of an interest under a will goes to the personal representative (§ 739.301(2)(a)), and a disclaimer of an interest in an inter vivos trust goes to the serving trustee (§ 739.301(4)(a)). The clerk of court receives the filing only under paragraphs (2)(b), (3)(b), and (4)(b). Paragraphs (3)(a) and (4)(c) route to the trustee, personal representative, or grantor. A disclaimer of an interest in real estate can also be recorded, which raises a presumption of delivery under subsection (12).
Where this shows up
Pages on this site where § 739.301 does real work:
Questions people ask
Sources
- Fla. Stat. § 739.301, 2026 Florida Statutes (The Florida Senate) (Official text of the section. "A disclaimer sent by first-class mail shall be deemed to have been delivered on the date it is postmarked.")
Last checked: October 17, 2026
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