Illinois Transfer on Death Deed

Introduction

Key Things to Know

1. 1

   In Illinois a transfer on death deed is called a transfer on death instrument, or TODI, a deed you record while alive that names a beneficiary to receive your residential real property automatically at your death, without probate (755 ILCS 27).

2. 2

   During your life the instrument has no effect on your ownership. You keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest in the property until you die.

3. 3

   To be valid the instrument must be signed by you and attested in writing by two or more credible witnesses, and your signature and the witness signatures must be acknowledged before a notary public (755 ILCS 27/45).

4. 4

   A beneficiary or a beneficiary spouse should not act as a witness. If one does, the interest to that beneficiary can be void unless enough other credible witnesses also attest (755 ILCS 27/45).

5. 5

   The instrument must state that the transfer occurs at your death and must be recorded before your death with the recorder in the county where the property is located, or it is void (755 ILCS 27/40).

6. 6

   Illinois sets no fixed number of days to record, but recording must happen while you are alive. Record promptly after signing so the instrument is effective.

7. 7

   You can revoke the instrument only by recording a later transfer on death instrument or a recorded instrument of revocation, executed the same way and recorded before your death. A will cannot revoke it (755 ILCS 27/55).

Illinois Requirements for Transfer on Death Deed

• Use an Illinois Transfer on Death Instrument

  Illinois authorizes a transfer on death instrument (TODI) for residential real property under the Illinois Residential Real Property Transfer on Death Instrument Act, 755 ILCS 27. The instrument names a beneficiary to receive the home at the owner death, without probate.

• Legal Description and Property Index Number

  The full legal description of the property from the current recorded deed, plus the street address and the property index number (PIN). A street address alone is not enough to record the instrument with the county recorder.

• Name the Beneficiary and an Alternate

  The full legal name of the beneficiary who will receive the property at the owner death, and an alternate beneficiary if the first does not survive the owner. Naming a backup keeps the property out of probate if the first beneficiary dies first.

• Sign With Two Credible Witnesses

  The owner must sign the instrument and have it attested in writing by two or more credible witnesses. If it is not witnessed by at least two credible witnesses, the instrument is void (755 ILCS 27/45).

• Acknowledge Before a Notary

  The owner signature and the witness signatures must be acknowledged before a notary public (755 ILCS 27/45). A beneficiary or a beneficiary spouse should not act as a witness, because that can void the interest to that beneficiary.

• Record Before Death With the County Recorder

  The instrument must be recorded before the owner death with the recorder in the county where the property is located, or it is void (755 ILCS 27/40). Illinois sets no fixed number of days, so record promptly after signing.

• Revoke Only by a Recorded Instrument

  The instrument may be revoked only by recording a later transfer on death instrument or a recorded instrument of revocation, executed with two witnesses and a notary and recorded before death. A will cannot revoke it (755 ILCS 27/55).

• Property Passes Subject to Existing Debts

  The beneficiary takes the property subject to any mortgages, liens, and claims that exist at the owner death. The instrument passes only the described residential property and does not change the owner other assets or will.