Oklahoma Disclaimer of Interest
County Forms
Where is the property located?
Adair CountyAlfalfa CountyAtoka CountyBeaver CountyBeckham CountyBlaine CountyBryan CountyCaddo CountyCanadian CountyCarter CountyCherokee CountyChoctaw CountyCimarron CountyCleveland CountyCoal CountyComanche CountyCotton CountyCraig CountyCreek CountyCuster CountyDelaware CountyDewey CountyEllis CountyGarfield CountyGarvin CountyGrady CountyGrant CountyGreer CountyHarmon CountyHarper CountyHaskell CountyHughes CountyJackson CountyJefferson CountyJohnston CountyKay CountyKingfisher CountyKiowa CountyLatimer CountyLe Flore CountyLincoln CountyLogan CountyLove CountyMajor CountyMarshall CountyMayes CountyMcclain CountyMccurtain CountyMcintosh CountyMurray CountyMuskogee CountyNoble CountyNowata CountyOkfuskee CountyOklahoma CountyOkmulgee CountyOsage CountyOttawa CountyPawnee CountyPayne CountyPittsburg CountyPontotoc CountyPottawatomie CountyPushmataha CountyRoger Mills CountyRogers CountySeminole CountySequoyah CountyStephens CountyTexas CountyTillman CountyTulsa CountyWagoner CountyWashington CountyWashita CountyWoods CountyWoodward CountyDisclaimer of Interest for Real Estate Located in Oklahoma
Oklahoma Disclaimer of Property - Description
Under the Oklahoma statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (84 O.S. 22-30). 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.
The disclaimer must be in writing and include a description of the interest, a declaration of intent to disclaim all or a defined portion of the interest, and be signed by the disclaimant.
File the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) with the district court having jurisdiction over the estate and deliver a copy of it to the representative, trustee, or other person holding legal title of the property. In the case of real property, record the original disclaimer, or a copy certified by the clerk of the district court, in the office of the county clerk in the county (or counties) where the real estate is situated (84 O.S. 24-25).
A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors, so be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property. If the disclaimed interest arises out of jointly-owned property, seek legal advice as well.
(Oklahoma DOI Package includes form, guidelines, and completed example)