Illinois Disclaimer of Interest
County Forms
Where is the property located?
Adams CountyAlexander CountyBond CountyBoone CountyBrown CountyBureau CountyCalhoun CountyCarroll CountyCass CountyChampaign CountyChristian CountyClark CountyClay CountyClinton CountyColes CountyCook CountyCrawford CountyCumberland CountyDekalb CountyDewitt CountyDouglas CountyDupage CountyEdgar CountyEdwards CountyEffingham CountyFayette CountyFord CountyFranklin CountyFulton CountyGallatin CountyGreene CountyGrundy CountyHamilton CountyHancock CountyHardin CountyHenderson CountyHenry CountyIroquois CountyJackson CountyJasper CountyJefferson CountyJersey CountyJo Daviess CountyJohnson CountyKane CountyKankakee CountyKendall CountyKnox CountyLa Salle CountyLake CountyLawrence CountyLee CountyLivingston CountyLogan CountyMacon CountyMacoupin CountyMadison CountyMarion CountyMarshall CountyMason CountyMassac CountyMcdonough CountyMchenry CountyMclean CountyMenard CountyMercer CountyMonroe CountyMontgomery CountyMorgan CountyMoultrie CountyOgle CountyPeoria CountyPerry CountyPiatt CountyPike CountyPope CountyPulaski CountyPutnam CountyRandolph CountyRichland CountyRock Island CountySaint Clair CountySaline CountySangamon CountySchuyler CountyScott CountyShelby CountyStark CountyStephenson CountyTazewell CountyUnion CountyVermilion CountyWabash CountyWarren CountyWashington CountyWayne CountyWhite CountyWhiteside CountyWill CountyWilliamson CountyWinnebago CountyWoodford CountyDisclaimer of Interest for Real Estate Located in Illinois
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)