Montgomery County Disclaimer of Interest Form

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

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

Montgomery 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 Ohio and Montgomery County documents included at no extra charge:
Where to Record Your Documents
Montgomery County Recorder
Dayton, Ohio 45422-1387
Hours: 8:00 a.m. - 5:00 p.m. Monday - Friday / Documents recorded 8:00 – 4:00
Phone: (937) 225-4275
Recording Tips for Montgomery County:
- Check that your notary's commission hasn't expired
- Check margin requirements - usually 1-2 inches at top
- Make copies of your documents before recording - keep originals safe
Cities and Jurisdictions in Montgomery County
Properties in any of these areas use Montgomery County forms:
- Brookville
- Clayton
- Dayton
- Englewood
- Farmersville
- Germantown
- Miamisburg
- New Lebanon
- Phillipsburg
- Vandalia
Hours, fees, requirements, and more for Montgomery County
How do I get my forms?
Forms are available for immediate download after payment. The Montgomery 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 Montgomery County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Montgomery 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 Montgomery 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 Montgomery County?
Recording fees in Montgomery County vary. Contact the recorder's office at (937) 225-4275 for current fees.
Questions answered? Let's get started!
A beneficiary of an interest in property in Ohio can disclaim all or part of a bequeathed interest in, or power over, that property under Ohio Revised Code 5815.36, as long as it has not been accepted through actions that indicate ownership or through a written waiver of the right to disclaim (Sec. J).
The written disclaimer must identify the donative instrument, which is the document that established the interest, such as a will or a transfer on death designation affidavit. The disclaimer also must contain a description of the disclaimed interest and a declaration of the disclaimer and its extent (Sec. B (3)). It must be signed by the disclaimant or a legally authorized representative
Depending on the donative instrument, the disclaimer must be filed, recorded and/or delivered pursuant to 5815.36 Sec. F as follows.
* If the interest is created by a non-testamentary instrument, including a transfer on death designation affidavit, the disclaimer must be delivered to the trustee or other person who holds legal title or possession of the property.
* In the case of an interest in real estate a transfer on death designation affidavit, the disclaimer must be filed with the recorder of the county in which the real property is located.
* If the interest is created by a testamentary instrument or by intestate succession, file the document in the probate division of the court of common pleas in the county in which proceedings for the administration of the decedent's estate have been commenced. In addition, deliver in person or send by certified mail an executed copy of the disclaimer instrument to the personal representative of the decedent's estate.
* If the interest is in real estate, execute a copy of the disclaimer and submit in the office of the recorder of the county in which the property is situated.
The Ohio statute is consistent with the Internal Revenue Code Section 2518, which requires that the disclaimer must be received no later than 9 months after the transfer is made (e.g. date of death). In order to be effective, the disclaimer must be irrevocable and binding to the disclaimant and all who claim under him or her (Sec. E). Be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property.
(Ohio Disclaimer of Trust Package includes form, guidelines, and completed example)
Important: Your property must be located in Montgomery County to use these forms. Documents should be recorded at the office below.
This Disclaimer of Interest meets all recording requirements specific to Montgomery County.
Our Promise
The documents you receive here will meet, or exceed, the Montgomery 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
Get your Montgomery 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 and local jurisdictions.
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