Benton County Disclaimer of Interest Form

Additional Oregon and Benton County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Benton County

Properties in any of these areas use Benton County forms:

• Alsea
• Blodgett
• Corvallis
• Monroe
• Philomath

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As part of the Oregon Revised Statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (ORS 105.623 to 105.649 Uniform Disclaimer of Property Interests Act). 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 ( 105.623).

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 ( 105.629 (3)).

Deliver the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) to the personal representative of the decedent's estate, the trustee or file it with the court having authority to appoint such a person with the probate court of the county that has jurisdiction over proceedings regarding the estate of the deceased donor. In addition, deliver a copy of the disclaimer in person or send it by registered mail to any personal representative or other fiduciary of the decedent's estate ( 105.642). If the transfer was enacted by an instrument other than a will, deliver a copy of the disclaimer to the trustee or the person who has legal title to or possession of the property ( 105.642). If real property is involved, record a copy of the disclaimer in the office of the probate judge of the county in which the property or interest disclaimed is located ( 105.646).

A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors ( 105.629 (5)), 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.

(Oregon DOI Package includes form, guidelines, and completed example)

Important: Your property must be located in Benton County to use these forms. Documents should be recorded at the county recording office listed above.

This Disclaimer of Interest meets all recording requirements specific to Benton County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Benton County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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