Illinois Disclaimer of Interest
County Specific Legal Forms Validated as recently as August 10, 2026 by our Forms Development Team
About the Illinois Disclaimer of Interest
How to Use This Form
- Select your county from the list
- 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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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)
Important: County-Specific Forms
Our disclaimer of interest forms are specifically formatted for each of the 102 counties 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.