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Disclaimer of Interest Form - San Joaquin County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 8/14/2019
Disclaimer of Interest Guide - San Joaquin County
Line by line guide explaining every blank on the form.
Included document last updated 7/11/2019
Completed Example of the Disclaimer of Interest Document - San Joaquin County
Example of a properly completed form for reference.
Included document last updated 7/23/2019
*The Following California and San Joaquin County supplemental forms are included as a courtesy with your order.
Preliminary Change of Ownership
This is a required form, due at the time of recording. There is a $20.00 penalty fee for non-compliance.
Parent to Child Exclusion
California statutes require transferor(s)/seller(s) to sign a claim for a reassessment exclusion for transfers between parent(s) and child(ren). Signatures from both the transferor(s) and transferee(s) are required to complete the claim.
Grandparent to Grandchild Exclusion
California statutes require transferor(s)/seller(s) to sign a claim for a reassessment exclusion for transfers between grandparent(s) and grandchild(ren). Signatures from both the transferor(s) and transferee(s) are required to complete the claim.
Change in Ownership Statement Death of Real Property Owner
This form is used by the personal representative of the deceased property owner, who files this statement with the San Joaquin County Assessor to request a Completed Change in Ownership Statement.
Affidavit of Cotenant Residency
If one of two equal co-owners, referred to as co-tenant, dies, the real property transfers to the other co-tenant. Provided the criteria listed on the form are met, the surviving co-tenant may file the affidavit in order to claim exclusion from reassessment and prevent an increase in property taxes.
Affidavit of Exemption
Use this form when claiming a transfer tax exemption. It also provides a list of exemptions with explanations and the respective R&T Code.
Co-Signer Affidavit of Exemption
Removing a co-signer from a deed is transfer tax exempt in San Joaquin County. If this is the reason for recording the deed and claiming the exemption, this form must be used.
Building Homes and Job Act
The state of California has recently enacted the Building Homes and Jobs Act, effective January 1, 2018.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by California notaries.
Including:
Use the disclaimer to renounce an interest in real property in California.
A beneficiary in California can disclaim a bequeathed asset or power. For a complete list, see Probate Code 267. A disclaimer, which must be in writing and signed by the beneficiary, allows that beneficiary to renounce his or her interest in the property. California statutes allow for the partial rejection of the interest, which must be clearly identified on the disclaimer.
Besides the beneficiary, state the name of the creator of the interest, as well as the next beneficiary to whom the interest will pass, e.g., the next person in line to inherit. In the case of real property, give the entire legal description of the land and provide recording information for the prior deed in order to avoid any problems in the chain of title.
A disclaimer is irrevocable and binding for anyone who makes a claim against the beneficiary, for example, potential creditors. It must be received within nine months after the decedent's death, the transfer, or the 21st birthday of the beneficiary (Probate Code 279) and is only valid if no actions have indicated acceptance of the property.
It must be filed with any of the following entities according to Probate Code 280(a): the superior court in the county where the estate is administered; the representative of the deceased or executor of the estate; the creator of the interest; or "any other person having custody or possession of or legal title to the interest." When in doubt as to the drawbacks and benefits of renouncing the property, consult with an attorney.
Get your San Joaquin County Disclaimer of Interest form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
We guarantee that you will receive access to the forms that you order and that those forms will be compliant with the recording requirements for the jurisdiction the forms were purchased for and the statutory requirements for content of the document.
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