Illinois special warranty deed
Here is what Illinois actually requires on a special warranty deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- County Recorder (or County Clerk)
- Witnesses
- Notary only
- Transfer tax
- State $0.50 per $500 of value
- First-page margin
- 3″ top
- Recording fee
- ~$70 per document
- E-recording
- Approved submitters
What a special warranty deed does in Illinois
A special warranty deed, also called a limited warranty deed or a covenant deed in some states and a grant deed in California, sits between a quitclaim and a general warranty deed. The grantor promises they did nothing during their own ownership to damage the title, and nothing more. Anything that happened before they bought the property is the buyer's risk. Estates, trustees, banks, and builders commonly use it.
In Illinois the governing statute is 765 ILCS 5/8.
The Illinois law behind this deed
Start with 765 ILCS 5/8 if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.
| What it governs | Citation |
|---|---|
| Special warranty deeds specifically | 765 ILCS 5/8 |
| Conveyances generally | 765 ILCS 5/1 |
| Recording with the County Recorder (or County Clerk) | 55 ILCS 5/3-5018.2 (5/4-12002.3 in Cook County), 5/3-5020, 5/3-5022 and 5/3-5026; 765 ILCS 5/28 |
| Homestead and spousal consent | 735 ILCS 5/12-901 and 5/12-904; 765 ILCS 5/27 |
| Transfer tax | 35 ILCS 200/31-10 |
When Illinois homeowners use a special warranty deed
- Sell a property you inherited or hold as trustee
- Convey a property you have owned only briefly
- Transfer commercial or investment property
- Give a buyer more protection than a quitclaim without accepting unlimited exposure
What Illinois requires on the deed
These are the execution and formatting rules county recorders enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Illinois says |
|---|---|
| Recording office | County Recorder (or County Clerk) |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. Deedly always prints one. |
| Preparer statement | Required. The deed must name who drafted it. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch clear space at the top of page one, 0.5-inch margins elsewhere, nothing under 10pt. This is the profile Deedly applies. |
| Accompanying form | Form PTAX-203 (Illinois Real Estate Transfer Declaration) for a taxable deed. An exempt deed carries a signed exemption statement on its face instead. |
| Also required | Illinois requires the name and address of the person who prepared the instrument to be printed on its face (55 ILCS 5/3-5022). |
A spouse may have to sign even if they are not an owner
Required to release homestead rights when a married owner conveys the family home to anyone other than the spouse: the spouse signs too (765 ILCS 5/27; 735 ILCS 5/12-904). A transfer on death instrument needs no spouse signature.
How to complete and record it in Illinois
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the County Recorder (or County Clerk) can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with the wording, notary certificate, and 3-inch first-page margin used for Illinois deeds.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- Complete Form PTAX-203, or sign the exemption statementIllinois requires Form PTAX-203 (Illinois Real Estate Transfer Declaration) with a taxable deed. An exempt transfer, such as a gift, carries a signed exemption statement on the face of the deed instead, and Deedly prints it there. Your filing packet says which applies to you.
- Record it with the County Recorder (or County Clerk)File in the county where the property is located and pay the recording fee. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in Illinois
| Cost | Typical amount |
|---|---|
| Recording fee | About $70 per document |
| Transfer tax | Real estate transfer tax: State $0.50 per $500 of value, plus a county tax of up to $0.25 per $500 where the county imposes it (Cook does), plus municipal taxes in many home-rule cities (Chicago adds $5.25 per $500, of which the buyer pays $3.75) |
| Notary | Illinois caps notary fees at $5 per notarial act in person and $25 for an electronic notarization (5 ILCS 312/3-104). |
| Deedly | $49, one time (launch price, regular $69) |
| Attorney (for comparison) | $150–$700 for the same statutory document |
Illinois charges a real estate transfer tax of State $0.50 per $500 of value, plus a county tax of up to $0.25 per $500 where the county imposes it (Cook does), plus municipal taxes in many home-rule cities (Chicago adds $5.25 per $500, of which the buyer pays $3.75). Cities and counties may add their own on top, so check the municipality rather than just the county.
Exemptions that commonly apply to a transfer like this: deeds where the actual consideration is less than $100 (section 31-45(e): most gifts, no-payment transfers between spouses and transfers into your own trust) and deeds that correct or confirm a prior deed without additional consideration (section 31-45(d)). You have to claim the exemption. The recorder won't apply it for you.
Where to record it in Illinois
Illinois deeds are recorded with the County Recorder (or County Clerk) in the county where the property sits, not where you live. There are 102 counties in Illinois.
Many Illinois recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN. E-recording is generally open only to approved submitters such as title companies, attorneys, and lenders, so if you prepared the deed yourself, plan to record in person or by mail. Some offices accept filings from the public through those vendors; your county's website will say.
Recording offices we cover in Illinois: Cook, DuPage, Lake, Will, Kane, McHenry, Winnebago, Madison, St. Clair, Champaign, Sangamon, Peoria. See all Illinois recording offices.
What a special warranty deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Defects that predate your ownership are not covered. The buyer bears that risk.
- It does not substitute for a title search or an owner's title insurance policy.
- It transfers ownership immediately and cannot be revoked.
- Some purchase contracts specifically require a general warranty deed; check yours before using this one.
Quirks of Illinois law that catch people out
- Illinois calls a transfer-on-death deed a transfer on death instrument (TODI), and it requires TWO witnesses plus a notary. Ordinary Illinois deeds need only the notary.
- Municipal transfer stamps, especially in Chicago, must be purchased before recording. The recorder will not record the deed without them (55 ILCS 5/3-5021). In Chicago even an exempt transfer needs a city transfer declaration that states the facts supporting the exemption, and Cook County expects municipal stamps and any water certification to be obtained before the deed is submitted.
- Illinois requires either Form PTAX-203, Illinois Real Estate Transfer Declaration, or, for most exempt transfers (for example a gift or a transfer for less than $100), a signed exemption statement on the face of the deed instead. Exemptions (b), (k) and (m) of 35 ILCS 200/31-45 still require the PTAX-203.
- In Cook County an exempt deed must be accompanied by a Statement by Grantor and Grantee, sworn by each of them (55 ILCS 5/3-5020(b)).
- If your legal description is metes and bounds (not a lot in a recorded subdivision), Illinois recorders commonly require a Plat Act Affidavit (765 ILCS 205/1) with the deed. Get the county's form from the recorder or clerk.
- Illinois tenancy by the entirety is available only for a homestead owned by spouses or civil-union partners.
- Leave a 3-inch by 5-inch blank block in the upper right of page one.
How to hold title in Illinois
When two or more people take title in Illinois and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in Illinois: tenancy by the entirety (married couples only), joint tenancy with right of survivorship, and tenancy in common.
Illinois allows tenancy by the entirety only for a homestead owned by spouses or civil-union partners (765 ILCS 1005/1c).
$49, one time. Your finished deed appears in full before you pay, with Illinois's witness rules, margins, and recording instructions already applied.
Common questions
No. Illinois has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the County Recorder (or County Clerk). Deedly produces all of that for $49, versus roughly $150–$700 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $70 per document. Illinois also charges real estate transfer tax of State $0.50 per $500 of value, plus a county tax of up to $0.25 per $500 where the county imposes it (Cook does), plus municipal taxes in many home-rule cities (Chicago adds $5.25 per $500, of which the buyer pays $3.75), though whether a gift or family transfer is exempt depends on this state's exemptions, listed on this page. Illinois counties set their own flat fee per document, with no per-page fee, so the fee varies by county. Cook County charges $107 for a deed and $59 for a transfer on death instrument, DuPage County charges $86, and Champaign County charges $70. A deed costs about $55 to $110 depending on the county.
No. Illinois requires only that the grantor's signature be acknowledged before a notary public. Illinois deeds generally need only a notarial acknowledgment. The transfer on death instrument is the exception. It requires two credible witnesses in addition to the notary (755 ILCS 27/45).
With the County Recorder (or County Clerk) in the county where the property is located, not where you live, and not where the buyer lives. Illinois has 102 counties. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Often, yes. Required to release homestead rights when a married owner conveys the family home to anyone other than the spouse: the spouse signs too (765 ILCS 5/27; 735 ILCS 5/12-904). A transfer on death instrument needs no spouse signature. That surprises people, because the spouse is not becoming an owner. They are releasing rights the law gives them automatically. Deedly adds a joinder block for the signature when it applies.
Keep reading
- Illinois quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Illinois general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Illinois transfer on death instrumentNames who inherits your property, skips probate, and changes nothing while you're alive.
- Illinois life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- All deed rules for IllinoisRecording offices, transfer tax, witness rules, and fees.
- Illinois recording officesWhere to file in each county.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.