Yellowstone County Disclaimer of Interest Form (Montana)

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

Disclaimer of Interest Form

Yellowstone County Disclaimer of Interest Form

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

Disclaimer of Interest Guide

Yellowstone County Disclaimer of Interest Guide

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

Completed Example of the Disclaimer of Interest Document

Yellowstone County Completed Example of the Disclaimer of Interest Document

Example of a properly completed form for reference.
Included Yellowstone 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 Yellowstone County. The executed documents should then be recorded in the following office:

Yellowstone County Clerk / Recorder

217 North 27th St, Rm 401 / PO Box 35001, Billings, Montana 59107

Hours: 8:00 to 5:00 M-F

Phone: (406) 256-2785

Local jurisdictions located in Yellowstone County include:

  • Acton
  • Ballantine
  • Billings
  • Broadview
  • Custer
  • Huntley
  • Laurel
  • Molt
  • Pompeys Pillar
  • Shepherd
  • Worden

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

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

What are supplemental forms?

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

4.8 out of 5 - ( 4434 Reviews )

James S.

November 21st, 2024

Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.

Reply from Staff

Thanks for the kind words James, glad we could help. Look forward to seeing you again.

Thomas G.

November 21st, 2024

Wasn’t what I expected

Reply from Staff

Sorry to hear that your expectations were missed. Your order has been canceled. We do hope that you find something more suitable to your expectations elsewhere. Do keep in mind that purchasing legal forms should not be an exploratory endeavor.

Jimmy P.

November 20th, 2024

They sent me everything I would need to do this. Easy purchase -Easy download. Great!! I'll be back here for all my document needs.

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LEON S.

November 16th, 2019

recorded deed space to small for corrective deed requirement

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June 22nd, 2023

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July 30th, 2019

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Margaret T.

May 6th, 2022

Had a difficult time finding my download after purchase. Thankfully I had printed the form and had. However it was read only and I'm not experienced enough to be able to change that. So I went into my word program and typed in the form. I should be able to use it for my purpose. Just glad I was finally able to find it after hours of searching online. I'm in my 70's and not real computer intelligent which may have been part of the problem

Reply from Staff

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April 15th, 2021

Very User friendly site

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Robert K.

August 1st, 2020

I used your TOD document to deed my home to my daughter. Your sample document was very helpful. I had to do it a few times but finally got it right. I didn't check but It was surely cheaper than a lawyer fee.

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July 17th, 2020

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January 10th, 2021

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October 14th, 2020

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January 27th, 2021

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May 8th, 2020

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May 13th, 2020

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