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.

(Illinois Disclaimer of Interest Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Disclaimer of Interest

Formally renounce rights received through a beneficiary deed
Disclaim an interest in a trust that holds real property
Renounce rights to a property to avoid creditor claims
Formally disclaim an interest in gifted real estate
Decline an inherited property interest to redirect it to another heir
Renounce a property interest for tax planning purposes

Compare other Illinois deed forms and documents

Quitclaim Deed Gift Deed Correction Deed Warranty Deed Special Warranty Deed Grant Deed Easement Deed Termination, Cancellation of Easement / Right of Way Mineral Deed Mineral Deed with Quitclaim Covenants Special Power of Attorney for the Purchase of Property Special Power of Attorney for the Sale of Property Statutory Short Form Power of Attorney for Property Mortgage Secured by Promissory Note Release of Mortgage Contract for Deed Memorandum of an Installment Sales Contract Full Release of Memorandum of an Installment Sales Contract Deceased Joint Tenant Affidavit Transfer on Death Instrument Transfer on Death Revocation Notice of Death Affidavit and Acceptance Trustee Deed Executor Deed Administrator Deed Contractor 60-Day Residential Notice Mechanics Lien Mechanics Lien Subcontractor Mechanics Lien Preliminary 60 Day Notice Mechanics Lien Preliminary 90 Day Notice Waiver of Lien to Date Unconditional Waiver and Release of Mechanic Lien Subcontractor Final Waiver and Release of Lien Lis Pendens Lis Pendens Release Certificate of Trust

Important: County-Specific Forms

Our disclaimer of interest forms are specifically formatted for each county in Illinois.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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