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Disclaimer of Interest Form - Montgomery County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/11/2019
Disclaimer of Interest Guide - Montgomery County
Line by line guide explaining every blank on the form.
Included document last updated 10/15/2019
Completed Example of the Disclaimer of Interest Document - Montgomery County
Example of a properly completed form for reference.
Included document last updated 10/2/2019
*The Following Ohio and Montgomery County supplemental forms are included as a courtesy with your order.
Real Property Conveyance Fee Statement of Value and Receipt
Use this Ohio form if the real property conveyance is not exempt from transfer tax. Digitized form is complete and comes with instructions. Use the homestead and agricultural use forms as attachment to the main form if needed.
Statement for Reason of Exemption From Real Property Conveyance Fee
Use this form if the real property conveyance is exempt from transfer tax in Ohio. The form comes complete with instructions and lists the exemptions. Use homestead and agricultural use forms as attachment to the main form if needed.
Affidavit of Facts
In most counties an Affidavit of Facts is required if a transfer tax exemption is claimed.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by Ohio notaries.
Including:
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.
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.
We guarantee that you will receive access to the forms that you order and that those forms will be compliant with the recording requirements for the jurisdiction the forms were purchased for and the statutory requirements for content of the document.
4.7 out of 5 (904 Reviews) October 19th, 2019
Name: JANET D.
Review: was good choice for me but did not realize notary had to witness all 3 signatures at the same luckily had extra copy to be signed in her presence
Reply from Staff on October 19th, 2019
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October 18th, 2019
Name: Holly M.
Review: This was the simplest method of filing a document that I've ever encountered. I've already recommended it my colleagues, and would highly encourage anyone to use it. Fast, easy, simple.
Reply from Staff on October 18th, 2019
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October 18th, 2019
Name: Carolyn A.
Review: Easy to use!!
Reply from Staff on October 18th, 2019
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October 18th, 2019
Name: Philip B.
Review: Pleased with the results, except for the "notice of confidentiality rights" above the QUIT CLAIM DEED headline. Is it needed to be included on the form or can it be removed ? How can it be removed, I do not see a reason for it to be on the print out copy. Thank you.
Reply from Staff on October 18th, 2019
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October 18th, 2019
Name: STEVEN J.
Review: Great , easy to use.
Reply from Staff on October 18th, 2019
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October 17th, 2019
Name: Michael T.
Review: Good site. Two things to note. 1. The Documentary Transfer Tax Exemption sheet, the word "computer" is used when I think it should be "computed" Error in state form? 2. The California Trust Guide could have a watermark which is less distracting. Kind of hard to read the print with the DEEDS.COM logo so prominent.
Reply from Staff on October 17th, 2019
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October 16th, 2019
Name: Terri S.
Review: Form was easy to complete, price was reasonable and everything worked out just fine. Would absolutely use this service again if needed, Thank you :)
Reply from Staff on October 16th, 2019
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October 16th, 2019
Name: ROBERT D.
Review: VERY HAPPY WITH YOUR SERVICE !
Reply from Staff on October 16th, 2019
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October 15th, 2019
Name: Connie G.
Review: This product makes it so much easier to understand and file forms that you might have to pay an attorney to do. All Counties have their own way of submitting forms and with Deeds you have the correct format.
Reply from Staff on October 15th, 2019
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October 14th, 2019
Name: Lucinda E.
Review: I thought this form was great and easy to complete but the instructions were unclear as to whether the grantee- beneficiaries needed to sign and notarize their signatures as well. It did not appear to be the case but it would be helpful if the instructions spelled this out better.
Reply from Staff on October 15th, 2019
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