Park County Disclaimer of Interest Form (Montana)

All Park County specific forms and documents listed below are included in your immediate download package:

Disclaimer of Interest Form

Park County Disclaimer of Interest Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Park County compliant document last validated/updated 10/17/2024

Disclaimer of Interest Guide

Park County Disclaimer of Interest Guide

Line by line guide explaining every blank on the form.
Included Park County compliant document last validated/updated 10/25/2024

Completed Example of the Disclaimer of Interest Document

Park County Completed Example of the Disclaimer of Interest Document

Example of a properly completed form for reference.
Included Park County compliant document last validated/updated 10/4/2024

When using these Disclaimer of Interest forms, the subject real estate must be physically located in Park County. The executed documents should then be recorded in the following office:

Park County Clerk / Recorder

414 East Callender St, Livingston , Montana 59047

Hours: 8:00am-5:00pm M-F

Phone: 406-222-4110

Local jurisdictions located in Park County include:

  • Clyde Park
  • Cooke City
  • Emigrant
  • Gardiner
  • Livingston
  • Pray
  • Silver Gate
  • Springdale
  • Wilsall

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 Park 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 Park County using our eRecording service.
Are these forms guaranteed to be recordable in Park County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Park 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 Park County that you need to transfer you would only need to order our forms once for all of your properties in Park County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Montana or Park 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 Park 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.

Montana Disclaimer of Property Interest

Under the Montana Code, the beneficiary of an interest in property may disclaim the gift, either in part or in full (Mont. Code Ann. 72-2-822). 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 (72-2-822).

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
CHAPTER 2. UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS
Part 8. General Provisions Concerning Probate and Nonprobate Transfers

Disclaimer Of Interest In Property
72-2-822.Disclaimer of interest in property. (1) In this section:

(a)"Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.

(b)"Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment.

(2)Except for a disclaimer governed by 72-2-823 or 72-2-824, the following rules apply to a disclaimer of an interest in property:

(a)The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest arose under the law of intestate succession, as of the time of the intestate's death.

(b)The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.

(c)If the instrument does not contain a provision described in subsection (2)(b), the following rules apply:

(i)If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.

(ii)If the disclaimant is an individual, except as otherwise provided in subsections (2)(c)(iii) and (2)(c)(iv), the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution.

(iii)If by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution.

(iv)If the disclaimed interest would pass to the disclaimant's estate had the disclaimant died before the time of distribution, the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the time of distribution. If no descendant of the disclaimant survives the time of distribution, the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in such shares as would succeed to the transferor's intestate estate under the intestate succession law of the transferor's domicile had the transferor died at the time of distribution. However, if the transferor's surviving spouse is living but is remarried at the time of distribution, the transferor is deemed to have died unmarried at the time of distribution.

(d)Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.

A disclaimer is irrevocable and binding for the disclaiming/renouncing party and his or her creditors, so be sure to consult an attorney when in doubt about the drawbacks and benefits. If the interest arises out of jointly-owned property, seek legal advice as well.

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

Our Promise

The documents you receive here will meet, or exceed, the Park 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 Park 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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November 21st, 2024

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November 21st, 2024

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November 20th, 2024

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October 18th, 2024

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