Illinois Transfer on Death Deed
In Illinois a transfer on death deed is called a transfer on death instrument (TODI). It names a beneficiary to receive your home without probate, and must be signed with two witnesses, notarized, and recorded before your death. Attorney review available.
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Introduction
A transfer on death deed in Illinois is called a transfer on death instrument, or TODI, and it is a deed you sign and record while you are alive that names a beneficiary to receive your residential real property automatically when you die, without probate (Illinois Residential Real Property Transfer on Death Instrument Act, 755 ILCS 27). 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 until you die. To be valid in Illinois, you must sign the instrument, have it attested in writing by two or more credible witnesses, and have your signature and the witness signatures acknowledged before a notary public (755 ILCS 27/45). The instrument must state that the transfer to the beneficiary occurs at your death, and it must be recorded before your death with the recorder in the county where the property is located; if it is not recorded before you die, it is void (755 ILCS 27/40). Illinois does not set a fixed number of days to record, but recording must happen while you are alive, so record promptly after signing. You can revoke a TODI only by recording a later transfer on death instrument or a recorded instrument of revocation, executed with the same two witnesses and notary and recorded before your death; a will cannot revoke it (755 ILCS 27/55). The TODI is for residential real property. DocDraft builds your Illinois transfer on death instrument from your facts, with attorney review available before you sign.
Key Things to Know
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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).
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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.
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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).
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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).
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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).
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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.
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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).
Key decisions before you file
Before you file a Transfer on Death Deed in Illinois, a few decisions shape the document: which option to choose and what each one means. The Transfer on Death Deed guide walks through them.
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Once your Transfer on Death Deed is ready, you can check whether it needs to be notarized in Illinois in about a minute, and notarize it online through DocDraft if it does.
Illinois Requirements for Transfer on Death Deed
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.
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.
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.
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).
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.
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.
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).
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.
Does your Transfer on Death Deed need to be notarized in Illinois?
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Check my Transfer on Death DeedFrequently Asked Questions
In Illinois it is called a transfer on death instrument, or TODI. It is a deed you sign and record while you are alive that names a beneficiary to receive your residential real property automatically when you die, without probate (755 ILCS 27). During your lifetime it has no effect on your ownership: you keep full control and can sell or revoke it, and the beneficiary has no interest until you die. It passes only the property described in the instrument.
An Illinois will directs who inherits your property, but the property still passes through probate, the court process that can take many months. An Illinois transfer on death instrument passes the specific residential property it names directly to the beneficiary at your death, outside probate. The will covers your whole estate; the transfer on death instrument covers only the real property it describes. Many people use both, so the instrument handles the home and the will handles everything else.
To be valid in Illinois you must sign the instrument, have it attested in writing by two or more credible witnesses, and have your signature and the witness signatures acknowledged before a notary public (755 ILCS 27/45). The instrument must state that the transfer occurs at your death, and it must be recorded before your death with the recorder in the county where the property is located (755 ILCS 27/40). If it is not witnessed by at least two credible witnesses, it is void.
Yes. Unlike many states, Illinois requires the transfer on death instrument to be attested in writing by two or more credible witnesses, in addition to being acknowledged before a notary public (755 ILCS 27/45). The witnesses attest that you signed the instrument in their presence, that it was your free and voluntary act, and that they believed you to be of sound mind. A beneficiary or a beneficiary spouse should not serve as a witness.
An Illinois transfer on death instrument must be recorded before your death with the recorder in the county where the property is located; if it is not recorded before you die, it is void and does not transfer title (755 ILCS 27/40). Illinois does not set a fixed number of days to record after signing, unlike some states, but the safest practice is to record promptly after the instrument is signed, witnessed, and notarized.
Yes, while you are alive. An Illinois transfer on death instrument may be revoked only by recording a later transfer on death instrument for the same property or a recorded instrument of revocation, executed with two witnesses and a notary in the same way, and recorded before your death (755 ILCS 27/55). It cannot be revoked by a mark or act on the instrument, by an unrecorded document, or by a provision in a will.
An Illinois transfer on death instrument lets the named residential property pass to the beneficiary outside probate, which can save time and cost. It does not wipe out debts. The beneficiary takes the property subject to any mortgages, liens, and claims that exist at your death, and the property can still be reached to pay valid claims against your estate. It also does not change your other assets, which still pass under your will or Illinois law.
The Illinois transfer on death instrument is authorized by the Residential Real Property Transfer on Death Instrument Act (755 ILCS 27), so it is designed for residential real property located in Illinois, such as a home. For commercial or investment property outside that scope, or for a larger estate plan, a living trust or another tool may be a better way to avoid probate. You describe the specific property, and only that property passes under the instrument.