Montgomery County Disclaimer of Interest Form (Ohio)

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

Disclaimer of Interest Form

Montgomery County Disclaimer of Interest Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Montgomery County compliant document last validated/updated 6/12/2024

Disclaimer of Interest Guide

Montgomery County Disclaimer of Interest Guide

Line by line guide explaining every blank on the form.
Included Montgomery County compliant document last validated/updated 9/25/2024

Completed Example of the Disclaimer of Interest Document

Montgomery County Completed Example of the Disclaimer of Interest Document

Example of a properly completed form for reference.
Included Montgomery County compliant document last validated/updated 8/30/2024

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

Montgomery County Recorder

451 W Third St / PO Box 972, Dayton, Ohio 45422-1387

Hours: 8:00 a.m. - 5:00 p.m. Monday - Friday / Documents recorded 8:00 – 4:00

Phone: (937) 225-4275

Local jurisdictions located in Montgomery County include:

  • Brookville
  • Clayton
  • Dayton
  • Englewood
  • Farmersville
  • Germantown
  • Miamisburg
  • New Lebanon
  • Phillipsburg
  • Vandalia

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

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

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Ohio or Montgomery 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 Montgomery 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.

A beneficiary of an interest in property in Ohio can disclaim all or part of a bequeathed interest in, or power over, that property under Ohio Revised Code 5815.36, as long as it has not been accepted through actions that indicate ownership or through a written waiver of the right to disclaim (Sec. J).

The written disclaimer must identify the donative instrument, which is the document that established the interest, such as a will or a transfer on death designation affidavit. The disclaimer also must contain a description of the disclaimed interest and a declaration of the disclaimer and its extent (Sec. B (3)). It must be signed by the disclaimant or a legally authorized representative

Depending on the donative instrument, the disclaimer must be filed, recorded and/or delivered pursuant to 5815.36 Sec. F as follows.

* If the interest is created by a non-testamentary instrument, including a transfer on death designation affidavit, the disclaimer must be delivered to the trustee or other person who holds legal title or possession of the property.

* In the case of an interest in real estate a transfer on death designation affidavit, the disclaimer must be filed with the recorder of the county in which the real property is located.

* If the interest is created by a testamentary instrument or by intestate succession, file the document in the probate division of the court of common pleas in the county in which proceedings for the administration of the decedent's estate have been commenced. In addition, deliver in person or send by certified mail an executed copy of the disclaimer instrument to the personal representative of the decedent's estate.

* If the interest is in real estate, execute a copy of the disclaimer and submit in the office of the recorder of the county in which the property is situated.

The Ohio statute is consistent with the Internal Revenue Code Section 2518, which requires that the disclaimer must be received no later than 9 months after the transfer is made (e.g. date of death). In order to be effective, the disclaimer must be irrevocable and binding to the disclaimant and all who claim under him or her (Sec. E). Be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property.

(Ohio Disclaimer of Trust Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Montgomery 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 Montgomery 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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