Emery County Disclaimer of Interest Form

Additional Utah and Emery County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Emery County

Properties in any of these areas use Emery County forms:

• Castle Dale
• Clawson
• Cleveland
• Elmo
• Emery
• Ferron
• Green River
• Huntington
• Orangeville

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As part of the Utah Uniform Probate Code, the beneficiary of an interest in property may renounce the gift, either in part or in full (Utah Code 75-2-801). 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 (Utah Code 75-2-801 (5)).

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 (Utah Code 75-2-801 (3)).

File the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) with the district 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 the personal representative of the decedent's estate (Utah Code 75-2-801 (2) (a)). If the transfer is enacted by an instrument other than a will, deliver a copy of the disclaimer to the person who has legal title to or possession of the property (Utah Code 75-2-801 (2) (b)). If real property is involved, record a copy of the disclaimer in the office of the county recorder in the county in which the property or interest disclaimed is located (Utah Code 75-2-801 (2) (d)).

A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors (Utah Code 75-2-801 (4) (c)), 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.

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

Important: Your property must be located in Emery County to use these forms. Documents should be recorded at the office below.

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

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Emery 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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