Illinois transfer on death instrument
A transfer on death instrument lets you name who inherits your Illinois property without probate, while you keep full control, including the power to sell or mortgage it without anyone's signature. 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
- None when recorded
- First-page margin
- 3″ top
- Recording fee
- ~$70 per document
- E-recording
- Approved submitters
What a transfer on death instrument does in Illinois
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado and Missouri) 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. Your beneficiaries then record the documents your state requires to show them as the owners; in a few states that filing has a deadline, or is what completes the transfer.
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. Title passes to the beneficiaries at the owner's death. They may record a notice of death affidavit to confirm title, but it is not a condition of the transfer (755 ILCS 27/75).
The Illinois law behind this deed
Start with 755 ILCS 27/1 et seq. 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 |
|---|---|
| Transfer on death instruments specifically | 755 ILCS 27/1 et seq. |
| 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 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. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| 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 | 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 | None. The instrument carries a signed exemption statement under paragraph (e) of 35 ILCS 200/31-45. |
| 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). |
| 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). 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.
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 and 2 witnesses. Wait to sign until you are in front of the notary and the witnesses, who must see you sign.
- Sign the exemption statementNo Form PTAX-203 is filed with a transfer on death instrument. It carries a signed exemption statement under paragraph (e) of 35 ILCS 200/31-45, which Deedly prints on it.
- 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.
- Tell your beneficiaries where it isAfter your death they record proof of it, such as a certified death certificate or an affidavit of death, with the County Recorder (or County Clerk) so the land records show them as the owners.
What it costs in Illinois
| Cost | Typical amount |
|---|---|
| Recording fee | About $70 per document |
| Transfer tax | None when recorded |
| 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 |
No transfer tax is due when you record a transfer on death instrument, because it transfers nothing until your death (755 ILCS 27/60). No Form PTAX-203 is filed. The instrument carries a signed exemption statement under paragraph (e) of 35 ILCS 200/31-45 instead.
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 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 34 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 a beneficiary dies before you, what happens to their share depends on state law: in some states it passes to the other beneficiaries or to the beneficiary's descendants, in others it fails. Naming an alternate, where your state's form allows one, avoids the question.
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.
$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 2 witnesses, 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. No transfer tax is due when you record a transfer on death instrument, because it transfers nothing until your death (755 ILCS 27/60). No Form PTAX-203 is filed. The instrument carries a signed exemption statement under paragraph (e) of 35 ILCS 200/31-45 instead. 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.
Yes. 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. 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. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies.
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. Title passes to the people you named at your death, outside probate. To confirm title in the public record they may record a notice of death affidavit, but it is not a condition of the transfer (755 ILCS 27/75). 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.
No. The instrument conveys nothing during your life, so there is no homestead right to release. But if you are married when you die, your surviving spouse can renounce it within 7 months of your death and take a one-third interest in the property, or one-half if you leave no descendants, unless your spouse signed a waiver as part of the instrument (755 ILCS 27/66). Deedly's instrument does not include that waiver.
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
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.