Indiana Disclaimer of Interest
County Forms
Where is the property located?
Adams CountyAllen CountyBartholomew CountyBenton CountyBlackford CountyBoone CountyBrown CountyCarroll CountyCass CountyClark CountyClay CountyClinton CountyCrawford CountyDaviess CountyDe Kalb CountyDearborn CountyDecatur CountyDelaware CountyDubois CountyElkhart CountyFayette CountyFloyd CountyFountain CountyFranklin CountyFulton CountyGibson CountyGrant CountyGreene CountyHamilton CountyHancock CountyHarrison CountyHendricks CountyHenry CountyHoward CountyHuntington CountyJackson CountyJasper CountyJay CountyJefferson CountyJennings CountyJohnson CountyKnox CountyKosciusko CountyLa Porte CountyLagrange CountyLake CountyLawrence CountyMadison CountyMarion CountyMarshall CountyMartin CountyMiami CountyMonroe CountyMontgomery CountyMorgan CountyNewton CountyNoble CountyOhio CountyOrange CountyOwen CountyParke CountyPerry CountyPike CountyPorter CountyPosey CountyPulaski CountyPutnam CountyRandolph CountyRipley CountyRush CountyScott CountyShelby CountySpencer CountySt Joseph CountyStarke CountySteuben CountySullivan CountySwitzerland CountyTippecanoe CountyTipton CountyUnion CountyVanderburgh CountyVermillion CountyVigo CountyWabash CountyWarren CountyWarrick CountyWashington CountyWayne CountyWells CountyWhite CountyWhitley CountyDisclaimer of Interest for Real Estate Located in Indiana
Under the Indiana Uniform Disclaimer of Property Interests Act, found at IC 32-17.5, the beneficiary of an interest in property may renounce the gift, either in part or in full (IC 32-17.5-3-1, 4). Note that the option to disclaim is only available to beneficiaries who have not acted in any way to indicate acceptance or ownership of the interest (IC 32-17.5-8-2).
The disclaimer must be in writing and include a description of the interest, a declaration of intent to disclaim all or a defined portion of the interest, and be signed by the disclaimant in front of a notary (IC 32-17.5-3-3).
Deliver the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) to the personal representative of the decedent's estate or the court having jurisdiction to appoint such a person (IC 32-17.5-7). In the case of real property, acknowledge the disclaimer as is required for a deed and record it in the county where the property is located. In addition, deliver a copy of the disclaimer to the person or legal entity with current custody or possession of the property.
A disclaimer is irrevocable and binding for the disclaiming party, so be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property. If the disclaimed interest arises out of jointly-owned property, seek legal advice as well.
(Indiana Disclaimer of Interest Package includes form, guidelines, and completed example)