Illinois property deeds
Deed rules are state law, and Illinois's differ from its neighbors in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs.
- 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
Deeds Illinois recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Special warranty deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Transfer on death instrument | Names who inherits your property, skips probate, and changes nothing while you're alive. | Yes |
| Lady Bird Deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | No |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
Illinois does not recognize lady bird deeds, so recording one here may not do what you want.
How a deed has to be signed in Illinois
Illinois requires the grantor's signature to be acknowledged before a notary public. No witnesses are required. 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).
An Illinois transfer on death deed needs 2 witnesses. An ordinary Illinois deed needs none
An Illinois transfer on death instrument must be signed by two credible witnesses in addition to being notarized (755 ILCS 27/45). A revocation must be signed before two credible witnesses and a notary in the same way (755 ILCS 27/55). No ordinary Illinois deed requires witnesses.
| Requirement | Rule |
|---|---|
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. |
| Witnesses | None on an ordinary deed. 2 on a transfer on death deed. |
| Preparer statement | Required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | 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. |
Illinois document formatting rules
A safe layout for Illinois is 8.5 × 11 inch paper with a 3-inch clear space at the top of the first page for the county recorder's stamp, 0.5-inch margins elsewhere, and no type smaller than 10 point. That is the profile Deedly formats every Illinois document to. Writing into the recorder's stamp area is the most common formatting rejection there is.
- Illinois requires a blank space of at least 3 by 5 inches from the upper right corner of the first page, half-inch margins on every side, black ink, white paper of at least 20-pound weight at 8.5 × 11 inches, and no attachment stapled or otherwise affixed to any page (55 ILCS 5/3-5018.2, and 55 ILCS 5/4-12002.3 in Cook County). Both took effect January 1, 2024, when § 3-5018 was repealed. Documents outside those standards record at a higher 'nonstandard' document fee (Cook County calls it 'irregular'). The statute sets no minimum type size. Deedly prints nothing smaller than 10 points.
Illinois transfer tax and recording fees
Illinois charges Real estate transfer tax at 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). Chicago and many home-rule suburbs require their own municipal transfer stamps, which must be obtained before recording. The recorder will not record the deed without the municipality's proof of payment (55 ILCS 5/3-5021).
Common exemptions: 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)).
A declaration or an exemption statement has to travel with the deed
Illinois requires Form PTAX-203 (Illinois Real Estate Transfer Declaration) with a taxable deed. Most exempt transfers, such as a gift or a transfer for less than $100, use 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 form. Recorders reject a deed that has neither.
Recording fees run about $70 per document. 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.
See how Illinois's transfer tax and recording fee compare with other states.
How to hold title in Illinois
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
- Tenancy by the entirety. Married couples only, with automatic survivorship and, in most states that allow it, protection from one spouse's creditors.
Where to record a deed in Illinois
Deeds are recorded with the County Recorder (or County Clerk) in the county where the property is located. Illinois has 102 counties. Many offices accept e-recording, but usually only from approved submitters such as title companies, attorneys, and lenders.
Cook · DuPage · Lake · Will · Kane · McHenry · Winnebago · Madison · St. Clair · Champaign · Sangamon · Peoria. all Illinois recording offices
Why deeds get rejected in Illinois
- 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.
From $29. Every Illinois rule above is applied automatically, and you read the finished document before you pay.
Common questions
You sign a deed, have it notarized, and record it with the County Recorder (or County Clerk) in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a transfer-on-death deed for probate avoidance.
No. Illinois does not require an attorney to prepare or record a deed. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
About $70 per document. Illinois also charges real estate transfer tax at 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).
Yes. The statute is 755 ILCS 27/1 et seq. Illinois calls it a transfer on death instrument. It must be recorded before the owner's death to be effective.
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 special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Illinois transfer on death instrumentNames who inherits your property, skips probate, and changes nothing while you're alive.
- Illinois recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
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.