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Disclaimer of Interest Form - Monmouth County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 3/6/2020
Disclaimer of Interest Guide - Monmouth County
Line by line guide explaining every blank on the form.
Included document last updated 3/17/2020
Completed Example of the Disclaimer of Interest Document - Monmouth County
Example of a properly completed form for reference.
Included document last updated 3/18/2020
*The Following New Jersey and Monmouth County supplemental forms are included as a courtesy with your order.
County Cover Page
This cover page is required to be part of any document affecting land title being recorded in Monmouth County, New Jersey. It is part of the recorded instrument and permanent record and should not be detached from the original document.
Gross Income Tax (GIT)
The Gross Income Tax form (GIT/REP) must be recorded with a deed when selling/transferring real property in New Jersey. Sellers must use one of the following forms: 1. Nonresident Seller's Tax Declaration 2. Nonresident Seller's Tax Prepayment Receipt 3. Seller's Residency Certification/Exemption 4. Waiver of Seller's Filing Requirement of GIT/REP Forms & Payment 4a. Waiver of Seller's Filing Requirement of GIT/REP Forms & Payment for Corrected Deed with no Consideration Each of these forms comes with its own instruction page. Consult the separate tax declaration information for further details.
Affidavit of Consideration
This affidavit must be recorded with all deeds - when entire consideration is not recited anywhere in deed, - when grantor claims total or partial exemption from fee, - for all Class 4 property that includes commercial, industrial, or apartment property, - and for transfers of “new construction.” Buyer's affidavit is required when the entire consideration is in excess of $1,000,000 and for every commercial property transfer.
Notary Certificates
The supplemental forms in this section can be used as loose certificates for notarization in the state.
Resident Decedent Forms
The NJ Estate Tax is in addition to the NJ Inheritance Tax. A tax is imposed upon the estate of every resident decedent having a date of death after December 31, 2001. A New Jersey estate tax return must be filed if the decedent’s Gross Estate exceeds $675,000. Form L-9 is an affidavit executed by the executor, administrator or joint tenant requesting the issuance of a tax waiver for real property located in New Jersey which was held by a resident decedent. Do not file the affidavit with the county clerk, but send to NJ Division of Taxation, Inheritance and Estate Tax.
Including:
A beneficiary of an interest in property in New Jersey can renounce all or part of a bequeathed interest in, or power over, that property under N.J.S. 3B:9-2(b), as long as it has not been accepted through actions that indicate ownership or through a written waiver of the right to disclaim.
The written disclaimer should identify the creator of the interest, provide a description of the disclaimed interest, a declaration of the disclaimer and its extent, and it must be signed by the disclaiming party.
File the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) in the office of the surrogate or clerk of the Superior Court where proceedings for the administration of the estate have commenced or could commence (N.J.S. 3B:9-6(a)). In the case of real property, the surrogate or clerk of the Superior Court will forward a copy of the disclaimer for filing to the clerk or register of deeds in the county where the property is located (N.J.S. 3B:9-6(d)). In addition, the disclaimer must be delivered to the personal representative of the decedent's estate or the trustee (N.J.S. 3B:9-6(a)).
A disclaimer is irrevocable and binding for the disclaiming party and those claiming under him or her (N.J.S. 3B:9-10), so be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property.
Get your Monmouth County Disclaimer of Interest form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Monmouth 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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