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Illinois Compiled Statutes

755 ILCS 5/2-7 (2026)

Disclaimer

✓ current as of May 2026
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(755 ILCS 5/2-7) (from Ch. 110 1/2, par. 2-7)
    Sec. 2-7. Disclaimer.
    (a) Right to Disclaim Interest in Property. A person to whom any property or interest therein passes, by whatever means, may disclaim the property or interest in whole or in part by delivering or filing a written disclaimer as hereinafter provided. A disclaimer may be of a fractional share or undivided interest, a specifically identifiable asset, portion or amount, any limited interest or estate or any property or interest derived through right of survivorship. A powerholder, as that term is defined in Section 103 of the Illinois Trust Code, with respect to property shall be deemed to be a holder of an interest in such property.
    The representative of a decedent or ward may disclaim on behalf of the decedent or ward with leave of court. The court may approve the disclaimer by a representative of a decedent if it finds that the disclaimer benefits the estate as a whole and those interested in the estate generally even if the disclaimer alters the distribution of the property, part or interest disclaimed. The court may approve the disclaimer by a representative of a ward if it finds that it benefits those interested in the estate generally and is not materially detrimental to the interests of the ward. A disclaimer by a representative of a decedent or ward may be made without leave of court if a will or other instrument signed by the decedent or ward designating the representative specifically authorizes the representative to disclaim without court approval.
    The right to disclaim granted by this Section exists irrespective of any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction.
    (b) Form of Disclaimer. The disclaimer shall (1) describe the property or part or interest disclaimed, (2) be signed by the disclaimant or his representative and (3) declare the disclaimer and the extent thereof.
    (c) Delivery of Disclaimer. The disclaimer shall be delivered to the transferor or donor or his representative, or to the trustee or other person who has legal title to the property, part or interest disclaimed, or, if none of the foregoing is readily determinable, shall be either delivered to a person having possession of the property, part or interest or who is entitled thereto by reason of the disclaimer, or filed or recorded as hereinafter provided. In the case of an interest passing by reason of the death of any person, an executed counterpart of the disclaimer may be filed with the clerk of the circuit court in the county in which the estate of the decedent is administered, or, if administration has not been commenced, in which it could be commenced. If an interest in real property is disclaimed, an executed counterpart of the disclaimer may be recorded in the office of the recorder in the county in which the real estate lies, or, if the title to the real estate is registered under "An Act concerning land titles", approved May 1, 1897, as amended, may be filed in the office of the registrar of titles of such county.
    (d) Effect of Disclaimer. Unless expressly provided otherwise in an instrument transferring the property or creating the interest disclaimed, the property, part or interest disclaimed shall descend or be distributed (1) if a present interest (a) in the case of a transfer by reason of the death of any person, as if the disclaimant had predeceased the decedent; (b) in the case of a transfer by revocable instrument or contract, as if the disclaimant had predeceased the date the maker no longer has the power to transfer to himself or another the entire legal and equitable ownership of the property or interest; or (c) in the case of any other inter vivos transfer, as if the disclaimant had predeceased the date of the transfer; and (2) if a future interest, as if the disclaimant had predeceased the event that determines that the taker of the property or interest has become finally ascertained and his interest has become indefeasibly fixed both in quality and quantity; and in each case the disclaimer shall relate back to such date for all purposes.
    A disclaimer of property or an interest in property shall not preclude any disclaimant from receiving the same property in another capacity or from receiving other interests in the property to which the disclaimer relates.
    Unless expressly provided otherwise in an instrument transferring the property or creating the interest disclaimed, a future interest limited to take effect at or after the termination of the estate or interest disclaimed shall accelerate and take effect in possession and enjoyment to the same extent as if the disclaimant had died before the date to which the disclaimer relates back.
    A disclaimer made pursuant to this Section shall be irrevocable and shall be binding upon the disclaimant and all persons claiming by, through or under the disclaimant.
    (e) Waiver and Bar. The right to disclaim property or a part thereof or an interest therein shall be barred by (1) a judicial sale of the property, part or interest before the disclaimer is effected; (2) an assignment, conveyance, encumbrance, pledge, sale or other transfer of the property, part or interest, or a contract therefor, by the disclaimant or his representative; (3) a written waiver of the right to disclaim; or (4) an acceptance of the property, part or interest by the disclaimant or his representative. Any person may presume, in the absence of actual knowledge to the contrary, that a disclaimer delivered or filed as provided in this Section is a valid disclaimer that is not barred by the preceding provisions of this paragraph.
    A written waiver of the right to disclaim may be made by any person or his representative and an executed counterpart of a waiver of the right to disclaim may be recorded or filed, all in the same manner as provided in this Section with respect to a disclaimer.
    In every case, acceptance must be affirmatively proved in order to constitute a bar to a disclaimer. An acceptance of property or an interest in property shall include the taking of possession, the acceptance of delivery or the receipt of benefits of the property or interest; except that (1) in the case of an interest in joint tenancy with right of survivorship such acceptance shall extend only to the fractional share of such property or interest determined by dividing the number one by the number of joint tenants, and (2) in the case of a ward, such acceptance shall extend only to property actually received by or on behalf of the ward or his representative during his minority or incapacity. The mere lapse of time or creation of an interest, in joint tenancy with right of survivorship or otherwise, with or without knowledge of the interest on the part of the disclaimant, shall not constitute acceptance for purposes of this Section.
    This Section does not abridge the right of any person to assign, convey, release, renounce or disclaim any property or interest therein arising under any other statute or that arose under prior law.
    Any interest in real or personal property that exists on or after the effective date of this Section may be disclaimed after that date in the manner provided herein, but no interest that has arisen prior to that date in any person other than the disclaimant shall be destroyed or diminished by any action of the disclaimant taken pursuant to this Section.
(Source: P.A. 100-1044, eff. 1-1-19; 101-48, eff. 1-1-20.)

    
Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 2003–2026 · leading case: Baillie v. Raoul, 2019 IL App (4th) 180655 (Ill. App. Ct. 2019).
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Baillie v. Raoul, 2019 IL App (4th) 180655 (Ill. App. Ct. 2019). · cites it 7× “¶3 Glenda points out, however, that because she made a qualified disclaimer of her survivorship interests in the three joint tenancy parcels (see 755 ILCS 5/2-7 (West 2014); 26 U.S.C. § 2518 (2012)), the probate court did not treat the three parcels as joint tenancy property.”
In re Est. of Sterba, 2016 IL App (3d) 150483 (Ill. App. Ct. 2016). · cites it 7× “Specifically, the Estate argues that the "Partial Disclaimer" complied with section 2-7 of the Probate Act of 1975 (Act) (755 ILCS 5/2-7 (West 2012)), and the language in the "Partial Disclaimer" regarding Sheila did not invalidate the disclaimer but rather expressed Jason's…”
In re Est. of Dunston, 2020 IL App (5th) 190017 (Ill. App. Ct. 2020). · cites it 4× “On July 19, 2018, pursuant to section 2-7 of the Probate Act of 1975 (Illinois Probate Act) (755 ILCS 5/2-7 (West 2018)), Judy executed a written disclaimer of the above- referenced Power that had caused the Illinois QTIP election to be denied (Disclaimer).”
In re Marriage of Kattner, 2023 IL App (1st) 220803-U (Ill. App. Ct. 2023). · cites it 2× “The RDP states: “Pursuant to the Illinois Compiled Statutes, Chapter 755, Probate Act of 1975, Article 2 known as § 755 ILCS 5/2-7 Disclaimers. The undersigned AMANDA KATTNER chooses to exercise her right to renunciate and disclaim an interest in the property set forth below: 1)…”
City of Chicago Dep't of Streets & Sanitation, 2025 IL App (1st) 231627-U (Ill. App. Ct. 2025). · cites it 3× “Grey and Lomden argue, alternatively, that they disclaimed their interest in the property on April 7, 2022, when they filed disclaimers of interest under 755 ILCS 5/2-7(a) (West 2020). ¶ 21 755 ILCS 5/2-7(a) (West 2020) states: “A person to whom any property or interest therein…”
Samson v. Spencer (Bankr. S.D. Ill. 2023). · cites it 2× “” 755 ILCS 5/2-7(d) (referred to herein as the “relation-back” provision).”
Bardhan v. Nw. Mem'l Hosp., 2026 IL App (1st) 240371-U (Ill. App. Ct. 2026). · cites it 2× “Accordingly, the posttrial proceedings do not establish that the court tried the case on behalf of the wrong family member, and we disagree that the court erred by not allowing Wattas to disclaim her interest.”
Barmann v. Wood (In Re Wood), 291 B.R. 829 (Bankr. C.D. Ill. 2003). “Thus, the relation back provision found under 755 ILCS 5/2-7(d) effectively erases any interest in the beneficiary who files this disclaimer.”
— 755 ILCS 5/2-7(a) — 4 cases
In re Marriage of Kattner, 2023 IL App (1st) 220803-U (Ill. App. Ct. 2023). “The RDP states: “Pursuant to the Illinois Compiled Statutes, Chapter 755, Probate Act of 1975, Article 2 known as § 755 ILCS 5/2-7 Disclaimers. The undersigned AMANDA KATTNER chooses to exercise her right to renunciate and disclaim an interest in the property set forth below: 1)…”
In re Est. of Sterba, 2016 IL App (3d) 150483 (Ill. App. Ct. 2016). “Specifically, the Estate argues that the "Partial Disclaimer" complied with section 2-7 of the Probate Act of 1975 (Act) (755 ILCS 5/2-7 (West 2012)), and the language in the "Partial Disclaimer" regarding Sheila did not invalidate the disclaimer but rather expressed Jason's…”
City of Chicago Dep't of Streets & Sanitation, 2025 IL App (1st) 231627-U (Ill. App. Ct. 2025). “Grey and Lomden argue, alternatively, that they disclaimed their interest in the property on April 7, 2022, when they filed disclaimers of interest under 755 ILCS 5/2-7(a) (West 2020). ¶ 21 755 ILCS 5/2-7(a) (West 2020) states: “A person to whom any property or interest therein…”
Bardhan v. Nw. Mem'l Hosp., 2026 IL App (1st) 240371-U (Ill. App. Ct. 2026). “Accordingly, the posttrial proceedings do not establish that the court tried the case on behalf of the wrong family member, and we disagree that the court erred by not allowing Wattas to disclaim her interest.”
— 755 ILCS 5/2-7(d) — 5 cases
Baillie v. Raoul, 2019 IL App (4th) 180655 (Ill. App. Ct. 2019). “¶3 Glenda points out, however, that because she made a qualified disclaimer of her survivorship interests in the three joint tenancy parcels (see 755 ILCS 5/2-7 (West 2014); 26 U.S.C. § 2518 (2012)), the probate court did not treat the three parcels as joint tenancy property.”
In re Est. of Sterba, 2016 IL App (3d) 150483 (Ill. App. Ct. 2016). “Specifically, the Estate argues that the "Partial Disclaimer" complied with section 2-7 of the Probate Act of 1975 (Act) (755 ILCS 5/2-7 (West 2012)), and the language in the "Partial Disclaimer" regarding Sheila did not invalidate the disclaimer but rather expressed Jason's…”
In re Est. of Dunston, 2020 IL App (5th) 190017 (Ill. App. Ct. 2020). “On July 19, 2018, pursuant to section 2-7 of the Probate Act of 1975 (Illinois Probate Act) (755 ILCS 5/2-7 (West 2018)), Judy executed a written disclaimer of the above- referenced Power that had caused the Illinois QTIP election to be denied (Disclaimer).”
Samson v. Spencer (Bankr. S.D. Ill. 2023). “” 755 ILCS 5/2-7(d) (referred to herein as the “relation-back” provision).”
Barmann v. Wood (In Re Wood), 291 B.R. 829 (Bankr. C.D. Ill. 2003). “Thus, the relation back provision found under 755 ILCS 5/2-7(d) effectively erases any interest in the beneficiary who files this disclaimer.”
— 755 ILCS 5/2-7(d)(1)(a) — 2 cases
Baillie v. Raoul, 2019 IL App (4th) 180655 (Ill. App. Ct. 2019). “¶3 Glenda points out, however, that because she made a qualified disclaimer of her survivorship interests in the three joint tenancy parcels (see 755 ILCS 5/2-7 (West 2014); 26 U.S.C. § 2518 (2012)), the probate court did not treat the three parcels as joint tenancy property.”
In re Est. of Dunston, 2020 IL App (5th) 190017 (Ill. App. Ct. 2020). “On July 19, 2018, pursuant to section 2-7 of the Probate Act of 1975 (Illinois Probate Act) (755 ILCS 5/2-7 (West 2018)), Judy executed a written disclaimer of the above- referenced Power that had caused the Illinois QTIP election to be denied (Disclaimer).”
— 755 ILCS 5/2-7(d)(1)(c) — 1 case
Baillie v. Raoul, 2019 IL App (4th) 180655 (Ill. App. Ct. 2019). “¶3 Glenda points out, however, that because she made a qualified disclaimer of her survivorship interests in the three joint tenancy parcels (see 755 ILCS 5/2-7 (West 2014); 26 U.S.C. § 2518 (2012)), the probate court did not treat the three parcels as joint tenancy property.”
— 755 ILCS 5/2-7(e) — 2 cases
In re Est. of Sterba, 2016 IL App (3d) 150483 (Ill. App. Ct. 2016). “Specifically, the Estate argues that the "Partial Disclaimer" complied with section 2-7 of the Probate Act of 1975 (Act) (755 ILCS 5/2-7 (West 2012)), and the language in the "Partial Disclaimer" regarding Sheila did not invalidate the disclaimer but rather expressed Jason's…”
City of Chicago Dep't of Streets & Sanitation, 2025 IL App (1st) 231627-U (Ill. App. Ct. 2025). “Grey and Lomden argue, alternatively, that they disclaimed their interest in the property on April 7, 2022, when they filed disclaimers of interest under 755 ILCS 5/2-7(a) (West 2020). ¶ 21 755 ILCS 5/2-7(a) (West 2020) states: “A person to whom any property or interest therein…”
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