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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 11/12/2020
Disclaimer of Interest Guide - Montgomery County
Line by line guide explaining every blank on the form.
Included document last updated 11/13/2020
Completed Example of the Disclaimer of Interest Document - Montgomery County
Example of a properly completed form for reference.
Included document last updated 11/5/2020
*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.
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.
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