Smith County Disclaimer of Interest Form

Additional Kansas and Smith County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Smith County

Properties in any of these areas use Smith County forms:

• Athol
• Cedar
• Gaylord
• Kensington
• Lebanon
• Smith Center

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As part of the Kansas Statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (K.S.A. 59-2291 to 59-2294). Note that the option to disclaim is not available to beneficiaries who have acted in any way to indicate acceptance or ownership of the property (K.S.A. 59-2293 (b)); nor is it available to welfare recipients (K.S.A. 39-709).

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 (K.S.A. 59-2291 (b)).

File and record the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest or other qualifying event) in the district court in which the estate of the decedent is or may be administered. Also, deliver, or send by certified mail, a copy of the instrument to the individual who created the interest or to his/her personal representative, or to the holder of legal title to the property (K.S.A. 59-2292). If real property is involved, record a copy with the register of deeds in the county in which the disclaimed property is located in order to avoid any confusion in the chain of title.

A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors (K.S.A. 59-2293), 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.

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

Important: Your property must be located in Smith County to use these forms. Documents should be recorded at the office below.

This Disclaimer of Interest meets all recording requirements specific to Smith County.

Our Promise

The documents you receive here will meet, or exceed, the Smith County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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