Upshur County Disclaimer of Interest Form (West Virginia)
All Upshur County specific forms and documents listed below are included in your immediate download package:
Disclaimer of Interest Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Upshur County compliant document last validated/updated 3/27/2024
Disclaimer of Interest Guide
Line by line guide explaining every blank on the form.
Included Upshur County compliant document last validated/updated 7/5/2024
Completed Example of the Disclaimer of Interest Document
Example of a properly completed form for reference.
Included Upshur County compliant document last validated/updated 3/28/2024
The following West Virginia and Upshur County supplemental forms are included as a courtesy with your order:
When using these Disclaimer of Interest forms, the subject real estate must be physically located in Upshur County. The executed documents should then be recorded in the following office:
Upshur County Clerk
40 W Main St, Rm 101, Buckhannon, West Virginia 26201
Hours: 8:00 to 4:30 M-F
Phone: (304) 472-1068
Local jurisdictions located in Upshur County include:
- Adrian
- Buckhannon
- Cleveland
- French Creek
- Frenchton
- Kanawha Head
- Lorentz
- Rock Cave
- Selbyville
- Tallmansville
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Upshur County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Upshur County using our eRecording service.
Are these forms guaranteed to be recordable in Upshur County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Upshur County including margin requirements, content requirements, font and font size requirements.
Can the Disclaimer of Interest forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Upshur County that you need to transfer you would only need to order our forms once for all of your properties in Upshur County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by West Virginia or Upshur County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Upshur County Disclaimer of Interest forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Under the West Virginia Statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (W. Va. Code 42-6-1 to 42-6-19 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 ( 42-6-13).
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 ( 42-6-5 (c)).
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 or the trustee, or file it with the court having authority to appoint such a person or to enforce the trust ( 42-6-12). If real property is involved, record a copy of the disclaimer in the office of the clerk of county commission in the county where the property is located in order to avoid any ambiguity regarding the chain of title ( 42-6-15).
A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors ( 42-6-5), 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.
(West Virginia DOI Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Upshur County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Upshur 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 and local jurisdictions.
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