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.

(Indiana 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

Disclaim an interest to allow property to pass to your children
Decline a property interest received through joint tenancy
Disclaim an interest in a trust that holds real property
Decline a partial interest in a property you do not want

Compare other Indiana deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination, Cancellation of Easement / Right of Way Mineral Deed Mineral Deed with Quitclaim Covenants Transfer on Death Deed Transfer on Death Deed Revocation Transfer on Death Deed Beneficiary Affidavit General Durable Power of Attorney Limited Power of Attorney for Real Property Mortgage Secured by Promissory Note Full Release of Mortgage Contract for the Sale of Real Estate Installment Contract for Sale of Real Estate Memorandum of Contract Full Release of Memorandum of Contract Affidavit of Surviving Joint Tenant Affidavit of Surviving Spouse Trustee Deed without Warranty Trustee Deed with Warranty Personal Representative Deed for Distribution Personal Representative Deed for Sale Notice of Furnishing Notice of Intention to Hold Lien Mechanics Lien Partial Lien Waiver Final Lien Waiver Satisfaction of Lien Lis Pendens Notice Release of Lis Pendens Notice Certificate of Trust

Important: County-Specific Forms

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

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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