Madison County Disclaimer of Interest Form

Madison County Disclaimer of Interest Form
Fill in the blank form formatted to comply with all recording and content requirements.

Madison County Disclaimer of Interest Guide
Line by line guide explaining every blank on the form.

Madison County Completed Example of the Disclaimer of Interest Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional Montana and Madison County documents included at no extra charge:
Where to Record Your Documents
Madison County Clerk / Recorder
Virginia City, Montana 59755
Hours: 8:00 to 5:00 M-F
Phone: (406) 843-4270
Recording Tips for Madison County:
- Ask if they accept credit cards - many offices are cash/check only
- Avoid the last business day of the month when possible
- Bring extra funds - fees can vary by document type and page count
- Check margin requirements - usually 1-2 inches at top
- Recording early in the week helps ensure same-week processing
Cities and Jurisdictions in Madison County
Properties in any of these areas use Madison County forms:
- Alder
- Cameron
- Ennis
- Harrison
- Mc Allister
- Norris
- Pony
- Sheridan
- Silver Star
- Twin Bridges
- Virginia City
Hours, fees, requirements, and more for Madison County
How do I get my forms?
Forms are available for immediate download after payment. The Madison County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Madison County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Madison County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Madison County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Madison County?
Recording fees in Madison County vary. Contact the recorder's office at (406) 843-4270 for current fees.
Questions answered? Let's get started!
Montana Disclaimer of Property Interest
Under the Montana Code, the beneficiary of an interest in property may disclaim the gift, either in part or in full (Mont. Code Ann. 72-2-822). 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 (72-2-822).
TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
CHAPTER 2. UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS
Part 8. General Provisions Concerning Probate and Nonprobate Transfers
Disclaimer Of Interest In Property
72-2-822.Disclaimer of interest in property. (1) In this section:
(a)"Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.
(b)"Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment.
(2)Except for a disclaimer governed by 72-2-823 or 72-2-824, the following rules apply to a disclaimer of an interest in property:
(a)The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest arose under the law of intestate succession, as of the time of the intestate's death.
(b)The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.
(c)If the instrument does not contain a provision described in subsection (2)(b), the following rules apply:
(i)If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.
(ii)If the disclaimant is an individual, except as otherwise provided in subsections (2)(c)(iii) and (2)(c)(iv), the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution.
(iii)If by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution.
(iv)If the disclaimed interest would pass to the disclaimant's estate had the disclaimant died before the time of distribution, the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the time of distribution. If no descendant of the disclaimant survives the time of distribution, the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in such shares as would succeed to the transferor's intestate estate under the intestate succession law of the transferor's domicile had the transferor died at the time of distribution. However, if the transferor's surviving spouse is living but is remarried at the time of distribution, the transferor is deemed to have died unmarried at the time of distribution.
(d)Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.
A disclaimer is irrevocable and binding for the disclaiming/renouncing party and his or her creditors, so be sure to consult an attorney when in doubt about the drawbacks and benefits. If the interest arises out of jointly-owned property, seek legal advice as well.
(Montana DOI Package includes form, guidelines, and completed example)
Important: Your property must be located in Madison County to use these forms. Documents should be recorded at the office below.
This Disclaimer of Interest meets all recording requirements specific to Madison County.
Our Promise
The documents you receive here will meet, or exceed, the Madison County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
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March 17th, 2022
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December 26th, 2019
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September 6th, 2019
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