Illinois transfer on death instrument
A transfer on death instrument lets you name who inherits your Illinois property without probate, while you keep full ownership and the right to change your mind. Here is exactly what Illinois requires, what it costs, and where to file it.
- Recording office
- County Recorder (or County Clerk)
- Witnesses
- 2 + notary
- Transfer tax
- State $0.50 per $500
- First-page margin
- 3″ top
- Recording fee
- ~$60 first page
- E-recording
- Generally available
What a transfer on death instrument does in Illinois
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado, Missouri and New Mexico) names the person who should receive your real estate when you die. You record it now, but it transfers nothing until death: you keep full ownership, you can sell or mortgage the property, and you can revoke the deed at any time without your beneficiary's consent. When you die, the property passes outside probate on proof of death.
In Illinois the governing statute is 755 ILCS 27/1 et seq. Illinois calls it a transfer on death instrument. It must be signed by the owner, witnessed by two credible witnesses, notarized, and recorded before death.
When Illinois homeowners use a transfer on death instrument
- Leave a house to your children without probate
- Keep real estate out of a will contest
- Get probate avoidance without paying for a full living trust
- Name a backup beneficiary in case your first choice dies first
- Revoke or change an earlier beneficiary designation
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. Every signature must be made in the notary's presence. |
| Witnesses | 2 witnesses in addition to the notary. |
| 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 | A 'when recorded, return to' block is required. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch top margin on the first page, 0.5-inch elsewhere, 10pt minimum type. |
| Accompanying form | Form PTAX-203 Real Estate Transfer Declaration |
| Timing | Must be recorded before the owner's death. Recording it afterwards has no effect. |
A transfer on death instrument needs 2 witnesses in Illinois, even though 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). No ordinary Illinois deed requires witnesses.
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 Illinois's statutory language, the correct notary block, and the 3-inch first-page margin county recorders expect.
- Sign in front of a notaryBring photo ID and 2 witnesses. Do not sign in advance. Every signature has to be made in the notary's presence.
- Complete Form PTAX-203 Real Estate Transfer DeclarationIllinois requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
- Record it with the County Recorder (or County Clerk)File in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Tell your beneficiaries where it isAfter your death they will need the recorded document plus a certified death certificate, and in most states an affidavit of death, to complete the transfer.
What it costs in Illinois
| Cost | Typical amount |
|---|---|
| Recording fee | About $60 for the first page |
| Transfer tax | Real estate transfer tax: State $0.50 per $500, county $0.25 per $500, plus municipal transfer taxes in many cities (Chicago is substantially higher) |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $69, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
Illinois charges a real estate transfer tax of State $0.50 per $500, county $0.25 per $500, plus municipal transfer taxes in many cities (Chicago is substantially higher). It is customarily paid by the grantor. 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 consideration is less than $100, transfers between spouses, transfers into a revocable trust, and deeds correcting a prior deed. 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.
Most Illinois recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
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 transfer on death instrument does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Only about thirty states plus DC recognize it. Recording one in a state that does not accept it accomplishes nothing.
- It does not clear the mortgage. Your beneficiary takes the property subject to any loan, lien, or judgment against it.
- It doesn't protect the property from your creditors, and in many states it doesn't shield the property from Medicaid estate recovery.
- The beneficiary receives no ownership interest until you die. They cannot be added as a co-owner this way.
- If the beneficiary dies before you and you name no alternate, the deed usually fails and the property goes through probate anyway.
Quirks of Illinois law that catch people out
- Illinois calls a transfer-on-death deed a transfer on death instrument (TODI), and it uniquely 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 county recorder will reject the deed if the city stamp is missing.
- Form PTAX-203 must accompany most deeds; exempt transfers state the exemption on the face of the deed instead.
- Illinois tenancy by the entirety is available only for a married couple's homestead.
- Leave a 3-inch by 5-inch blank block in the upper right of page one.
$69, 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 2 witnesses, and recording with the County Recorder (or County Clerk). Deedly produces all of that for $69, versus roughly $300–$1,200 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 $60 for the first page. Illinois also charges real estate transfer tax of State $0.50 per $500, county $0.25 per $500, plus municipal transfer taxes in many cities (Chicago is substantially higher), though gifts and family transfers are often exempt. Illinois counties commonly charge a flat predictable fee; Cook County is higher.
Yes. An Illinois transfer on death instrument must be signed by two credible witnesses in addition to being notarized (755 ILCS 27/45). No ordinary Illinois deed requires witnesses. Note that this is stricter than an ordinary Illinois deed, which needs no witnesses at all. Deedly puts the right number of witness lines on your document automatically.
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. Most offices also accept e-recording through a submitting service.
Yes. Transfer on death instruments are revocable during your lifetime. You can record a revocation, record a new one naming different beneficiaries, or simply sell the property. You don't need your beneficiary's permission for any of it.
Yes, for this property. On death the property passes directly to the people you named, outside probate, once they record proof of death with the County Recorder (or County Clerk). It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
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 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
We provide self-help software and state-specific statutory 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.