My Account Deeds.com Real Estate Deeds

Illinois Disclaimer of Interest

A beneficiary of an interest in property in Illinois can disclaim all or part of a bequeathed interest in, or power over, that property according to 755 ILCS 5/2-7(a). This document must be in writing, declared a disclaimer, signed by the disclaimant or a legally authorized representative, and describe the disclaimed property (5/2-7(b)).

The disclaimer must be delivered to the transferor, donor or representative, trustee or person who has legal title. In the case of an interest passing by death, an executed counterpart may be filed with the clerk of the court in the county where the estate is or will be administered. If it pertains to real property, it may also be recorded with office of the recorder in the county where the property is situated (5/2-7 (c)).

Even though the Illinois statutes stipulate no time limit to the delivery, the disclaimer must be received no later than 9 months after the transfer is made (e.g. date of death) in order to comply with IRS regulations. In addition, the disclaimer is invalid if the disclaimant has accepted the property, i.e., performed any affirmative act that is consistent with ownership of property as specified in 5/2-7(e).

Once effective, the disclaimer is irrevocable and binding to the disclaimant and all who claim under him or her (5/2-7 (d)). Be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property.

Deeds.com Illinois Disclaimer of Interest Forms Have Been Updated as Recently as Wednesday February 5, 2020

4.8 out of 5 (1164 Reviews)

What others like you are saying:


Larry P. said: Love your site. I found just what I needed and it was so easy. Saved me countless time and effort. Worth every penny.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Rosa S. said: I am pleased with how easy it was to download the will. Now just have to get it filled in and filed at Tax Office. Thank you for making it simple to use.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


David B. said: I'm not sure how a forms web-site could be so, but I find deeds.com to be sweet.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


James H. said: Very satisfied. Download was easy, completing the form was easy, got our signatures notarized and submitted it to the register of deeds. The only item was that the register of deeds did not immediately recognize the TOD deed form as the usual form they receive. After carefully reviewing all the information and wording on the deed she accepted it.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


CECIL E C. said: You made it easy to attain the documents I needed. The cost was very reasonable...thanks

Reply from Staff: Thank you for your feedback Cecil, we really appreciate it.


Christine R. said: Ordering and directions were easy. The only thing missing in the instructions was how to record by mail. Thanks!

Reply from Staff: Thank you Christine. We'll work on making it more clear that one can find mailing information in our recording section. Have a great day!


Select County where the property is located.

Illinois Disclaimer of Interest Form