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Indiana Disclaimer of Interest

Under the Indiana Uniform Disclaimer of Property Interests Act, found at IC 32-17.5, the beneficiary of an interest in property may renounce the gift, either in part or in full (IC 32-17.5-3-1, 4). Note that the option to disclaim is only available to beneficiaries who have not acted in any way to indicate acceptance or ownership of the interest (IC 32-17.5-8-2).

The disclaimer must be in writing and include a description of the interest, a declaration of intent to disclaim all or a defined portion of the interest, and be signed by the disclaimant in front of a notary (IC 32-17.5-3-3).

Deliver the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) to the personal representative of the decedent's estate or the court having jurisdiction to appoint such a person (IC 32-17.5-7). In the case of real property, acknowledge the disclaimer as is required for a deed and record it in the county where the property is located. In addition, deliver a copy of the disclaimer to the person or legal entity with current custody or possession of the property.

A disclaimer is irrevocable and binding for the disclaiming party, so be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property. If the disclaimed interest arises out of jointly-owned property, seek legal advice as well.

Deeds.com Indiana Disclaimer of Interest Forms Have Been Updated as Recently as Wednesday February 13, 2019

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December 13th, 2018

Name: Lois B.

Review: It works pretty well, had trouble with the word December. It printed out Decedmber with weird spacing but I think it will be ok.

Reply from Staff on December 13th, 2018

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January 15th, 2019

Name: Brooksye G.

Review: Very helpful. I live in Arkansas and needed information and documents for a Missouri transaction. I got everything I needed without any hassle.

Reply from Staff on January 15th, 2019

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February 11th, 2019

Name: Daniel S.

Review: It was easy to find the forms I was looking for and the guided steps and examples of how to use the form were beneficial.

Reply from Staff on February 11th, 2019

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Indiana Disclaimer of Interest Form