Tex. Codes » Property Code · TITLE 13. DISCLAIMER OF PROPERTY INTERESTS · CHAPTER 240. TEXAS UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT
Texas Codes

Tex. Prop. Code § 240.051 (2026)

Disclaimer Of Interest In Property

✓ current as of May 2026
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Sec. 240.051. DISCLAIMER OF INTEREST IN PROPERTY. (a) This section and Sections 240.0511 and 240.0512 apply to a disclaimer of an interest in property other than a disclaimer subject to Section 240.052 or 240.053.

(b) If an interest in property passes because of the death of a decedent:

(1) a disclaimer of the interest:

(A) takes effect as of the time of the decedent's death; and

(B) relates back for all purposes to the time of the decedent's death; and

(2) the disclaimed interest is not subject to the claims of any creditor of the disclaimant.

(c) If an interest in property passes because of an event not related to the death of a decedent:

(1) a disclaimer of the interest:

(A) takes effect:

(i) as of the time the instrument creating the interest became irrevocable; or

(ii) in the case of an irrevocable transfer made without an instrument, at the time of the irrevocable transfer; and

(B) relates back for all purposes to the time the instrument became irrevocable or the time of the irrevocable transfer, as applicable; and

(2) the disclaimed interest is not subject to the claims of any creditor of the disclaimant.

(d) A disclaimed interest passes according to any provision in the instrument creating the interest that provides for:

(1) the disposition of the interest if the interest were to be disclaimed; or

(2) the disposition of disclaimed interests in general.

(e) If the instrument creating the disclaimed interest does not contain a provision described by Subsection (d) and:

(1) if the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist; or

(2) if the disclaimant is an individual:

(A) except as provided by Section 240.0511, if the interest is passing because of the death of a decedent, the disclaimed interest passes as if the disclaimant had died immediately before the time as of which the disclaimer takes effect under Subsection (b); or

(B) except as provided by Section 240.0512, if the interest is passing because of an event not related to the death of a decedent, the disclaimed interest passes as if the disclaimant had died immediately before the time as of which the disclaimer takes effect under Subsection (c).

(f) A disclaimed interest that passes by intestacy passes as if the disclaimant died immediately before the decedent.

Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.

Notes of Decisions
Cited in 4 cases (4 in the last 5 years), 2023–2026 · leading case: Joan Gottlieb Mendell v. Laurence Scott & Rachel Chaput (Tex. App. 2023).
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Joan Gottlieb Mendell v. Laurence Scott & Rachel Chaput (Tex. App. 2023). · cites it 3× “2 Because the effect of the Disclaimer meant that Susan predeceased Uncle Mutt, and the Disclaimer “relates 2 See also TEX. PROP. CODE § 240.051, NCCUSL cmt. (“The general rule is that the disclaimed interest passes as if the disclaimant had died immediately before the time of…”
Rogelio Estrada Rodriguez v. Gabriella Nicole McDow (Tex. App. 2025). · cites it 2× “Tex. Prop. Code Ann. § 240.051 (b)(1). “[I]f the disclaimant is an individual [and] the interest is passing because of the death of a decedent, the disclaimed interest passes as if the disclaimant had died 14 immediately before the time as of which the disclaimer takes…”
In the Matter of the Est. of Helen Gayle Wells v. the State of Texas (Tex. App. 2023). “002 (West 2023); TEX. PROP. CODE ANN. § 240.009 (West 2023).”
David Olatunde Alimi v. Ganiyu Akanbi Alimi (2026). “001; TEX. PROP. CODE § 240.051; Paxton v. Longoria, 646 S.”
— Tex. Prop. Code § 240.051(b) — 2 cases
Joan Gottlieb Mendell v. Laurence Scott & Rachel Chaput (Tex. App. 2023). “2 Because the effect of the Disclaimer meant that Susan predeceased Uncle Mutt, and the Disclaimer “relates 2 See also TEX. PROP. CODE § 240.051, NCCUSL cmt. (“The general rule is that the disclaimed interest passes as if the disclaimant had died immediately before the time of…”
In the Matter of the Est. of Helen Gayle Wells v. the State of Texas (Tex. App. 2023). “002 (West 2023); TEX. PROP. CODE ANN. § 240.009 (West 2023).”
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